IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Photographic 

Sciences 

Corporation 


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^%^ 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technics.'  and  Bibliographic  Notes/Notes  techniques  et  bibiiographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  thin 
copy  which  may  be  bibliographicaliy  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


D 


D 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagie 

Covers  restored  and/or  laminated/ 
Couverture  restaurie  et/ou  pellicul6e 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  g6ographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I      I    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Relii  avec  d'autres  documents 


r~7|    Tight  binding  may  cause  shadows  or  distortion 


along  interior  margin/ 

La  reliure  serr^e  peut  causer  de  I'ombre  ou  de  la 

distortion  le  long  de  la  marge  int6rieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajoutdes 
lors  dune  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  4tait  possible,  ces  pages  n'ont 
pas  M  filmAes. 

Additional  comments:/ 
Commentaires  supplAmentaires: 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sent  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reprriuite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mdthode  normale  de  filmage 
sont  indiqu6s  ci-dessous. 


I      I    Coloured  pages/ 


D 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommagies 

Pages  restored  and/oi 

Pages  restauries  et/ou  pellicuides 

Pages  discoloured,  stained  or  foxei 
Pages  ddcolories,  tachetdes  ou  piquies 

Pages  detached/ 
Pages  ditachdes 

Showthrough/ 
Transparence 

Quality  of  prir 

Qualitd  inigaie  de  I'impression 

Includes  supplementary  materii 
Comprend  du  materiel  suppl^mentaire 

Only  edition  available/ 
Seule  Edition  disponible 


n~|  Pages  damaged/ 

I      I  Pages  restored  and/or  laminated/ 

I      I  Pages  discoloured,  stained  or  foxed/ 

I      I  Pages  detached/ 

I      I  Showthrough/ 

r~p\  Quality  of  print  varies/ 

I      I  Includes  supplementary  material/ 

I      I  Only  edition  available/ 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  psges  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  fiimdes  A  nouveau  de  fa^on  d 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmi  au  taux  de  reduction  indiquA  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


12X 


2 


16X 


20X 


: 


9l^^k 


32X 


Th«  copy  filmad  hart  hat  b««n  raproducsd  thanks 
to  tha  o*'^*rositv  of: 

Library  Division 

Provincial  Archives  of  British  Columbia 

Tha  imagaa  appaaring  hara  ara  tha  bast  quality 
possibia  consldaring  tha  condition  and  laglbllity 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  spaclfications. 


Original  coplas  In  printad  papar  covars  ara  filmad 
baglnning  with  tha  front  covar  and  anding  on 
tha  last  paga  with  a  printad  or  IMustratad  impres- 
sion, or  tha  back  covar  whan  appropriata.  All 
othar  original  coplas  ara  filmad  baginning  on  tha 
first  paga  with  a  printad  or  illustratad  impras- 
slon,  and  anding  on  tha  last  paga  with  a  printad 
or  illustratad  imprasslon. 


Tha  last  racordad  frame  on  each  microfiche 
shall  contain  tha  symbol  -^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (mr^aning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaira  film*  fut  reproduit  grflce  A  la 
gAnirosit*  da: 

Library  Division 

Provincial  Archives  of  British  Columbia 

Lea  images  sulvantas  ont  ixi  reproduites  avec  le 
plus  grand  soln,  compta  tonu  d^  la  condition  at 
da  la  nattet*  da  l'exemplaira  film«,  ot  an 
conformity  avec  les  conditions  du  contrat  da 
filmage. 

Les  exemplaires  orlglnaux  dent  la  couverture  en 
papier  est  ImprlmAe  sont  filmAs  en  commenpant 
par  la  premier  plat  at  en  termlnant  soit  par  la 
dernlAre  page  qui  comporte  une  empreinte 
d'Impression  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
orlglnaux  sont  filmis  en  commen^ant  par  la 
premiere  paga  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  at  en  termlnant  par 
la  darnlAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
darniire  image  de  cheque  microfiche,  seion  le 
cas:  le  symbols  — ►  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
filmAs  A  des  taux  de  reduction  diffArents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  cliche,  II  e<it  film*  A  pctir 
de  Tangle  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nicessaire.  Les  diagrammes  suivants 
iliustrent  la  mithode. 


1 

2 

. 

3 

1 

2 

3 

4 

5 

6 

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62d  GoNc 
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waters  i 


March  8,  If 
on  Foreig 
orderpd  t^ 

March  9,  3 


To  the  Set 
I  herev 
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ernments 
to  arbitra 
iiients  coi 
waters  of 
fur  seal  ii 
the  citizei 
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62d  OoNOBESS, )  SENATE.  (  Ex.  Doc. 

ItA  Sestion,     )  \   No.  65. 


MESSAGE 

FROM  THX 


PRESIDENT  OF  THE  UNITED  STATES, 


TRANSHITTINO 

r 


March  8, 1892. — Bead;  Conyenticn  read  the  first  time  and  referred  to  the  Committee 
on  Foreign  Kelaiions,  and,  together  with  the  message  and  accompauyiug  papers, 
ordered  to  be  printed  in  confidence  for  the  use  of  the  Senate. 

Mabch  9,  1892. — ^Iigunction  of  secrecy  removed,  and,  with  the  accompanying  cor- 
respondenoe,  ordered  to  be  printed. 


To  the  Senate: 

I  herewith  transmit,  with  a  view  to  its  ratification,  a  convention 
signed  at  Wa8hingt<Mi,  the  29th  of  February,  1892,  between  the  Gov- 
ernments of  the  United  States  and  Her  Britannic  Majesty,  submitting 
t<)  arbitration  the  questions  which  have  arisen  between  those  Govern- 
ments concerning  the  jurisdictional  rights  of  the  United  States  in  the 
waters  of  the  Bering  Sea  and  concerning  also  the  preservation  of  the 
fur  seal  in,  and  habitually  resorting  to,  the  said  sea  and  the  rights  of 
the  citizens  and  subjects  of  either  country  as  regards  the  taking  of  fur 
seal  in,  or  habitually  resorting  to,  the  said  waters. 

The  correspondence  not  heretofore  submitted  to  Congress  in  relation 
to  the  Bering  Sea  matter,  is  in  course  of  preparation  and  will  be  trans- 
mitted without  delay.' 

Benj.  Harbison. 

BxBOUTivE  Mansion, 

Waahingtonf  March  8^  1892, 


The  United  States  of  America  and  Her  Majesty  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  being  desirous  to  pro- 
vide for  an  amicable  settlement  of  the  questions  which  have  arisen  be- 
tween their  resiiective  governments  concerning  the  jurisdictional  rights 
of  the  United  States  in  the  waters  of  Behring's  Sea,  and  concerning 
also  the  preservation  of  the  fur-seal  in,  or  habitually  resorting  to,  the 


MIHIIillliiliiiiHiiiialBBBiBBi^^ 


I 


A  Convention  signed  at  Washington,  February  39, 1892,  between  thv  Oov- 
emments  of  the  United  States  and  Her  Britannic  Majesty  submitting  | 

to  arbitration  the  questions  which  have  arisen  between  those  Govern- 
ments concerning^  the  jurisdictional  rights  of  the  United  States  in  the 
waters  of  Bering' Sea,  etc.  I 


BERING  SEA. 


said  Sea  and  the  rights  of  the  citizens  and  subjects  of  either  country 
as  regards  tlie  taking  of  fur-seal  in,  or  habitually  resorting  to,  the  said 
waters,  hav©  resolved  to  submit  to  arbitration  the  questions  involved*, 
and  to  the  end  of  concluding  a  convention  for  that  purpose  have  ap- 
pointed as  their  respective  Plenipotentiaries: 

The  President  of  the  United  States  of  America,  James  G.  Blaine, 
Secretary  of  State  of  the  United  States ;  and 

Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  Sir  Julian  Pauncefote,  G.  C.  M.  G.,  K.  0.  B.,  Her  Mi^jesty's 
Envoy  Extraordinary  and  Minister  Plenipotentiary  to  the  United  States : 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers  which  were  found  to  be  in  due  and  proper  form,  have  agreed  to 
and  concluded  the  following  articles. 

Abtiole  L 

The  questions  which  have  arisen  between  the  Government  of  the 
United  States  and  the  Government  of  Her  Britannia  M^esty  concern- 
ing the  jurisdictional  rights  of  the  United  States  in  the  waters  of  Beh- 
ring's  Sea,  and  concerning  also  the  preservation  of  the  fnr-seal  in,  or 
habitually  resorting  to,  the  said  Sea,  and  the  rights  of  the  cftizens 
and  subjects  of  either  country  as  regards  the  taking  of  fur-seal  m,  or 
habitually  resorting  to,  the  said  waters,  shall  be  submitted  to  a  tribunal 
of  Arbitrsition,  to  be  composed  of  seven  Arbitrators,  who  sh«ll  be  aj)- 
pointed  in  the  following  manner,  that  is  to  say :  Two  shall  be  named  by 
the  President  of  the  United  States;  two  shall  be  named  by  Her  Bri- 
tannic Majesty;  His  Excellency  the  President  of  the  French  Republic 
shall  be  jointly  requested  by  the  High  Contracting  Parties  to  name 
one;  His  Majesty  the  King  of  Italy  shall  be  so  requested  to  name  one; 
and  His  Majesty  the  King  of  Sweden  and  Xorway  shall  be  so  requested 
to  name  one.  The  seven  Arbitrators  to  be  so  named  shall  be  jurists  of 
distinguished  reputation  in  their  respective  countries. 

In  case  of  the  death,  absence  or  incapacity  to  serve  of  any  or  either 
of  the  said  Arbitrators,  or  in  the  event  of  any  or  either  of  the  said 
Arbitrators  omitting  or  declining  or  ceasing  to  act  as  such,  the  President 
of  the  United  States,  or  Her  Britannic  Majesty,  or  His  Ei.cellency  the 
President  of  the  French  Kepublic,  or  His  Majesty  the  King  of  Italy, 
or  His  Majesty  the  King  of  Sweden  and  ^Norway,  as  ilit  case  may  be, 
shall  name,  or  shall  be  requested  to  name  forthwith  another  person  to 
act  as  Arbitrator  in  the  place  and  stead  of  the  Arbitrator  originally 
named  by  such  head  of  a  State. 

And  in  the  event  of  the  refusal  or  omission  for  two  months  after  re- 
ceipt of  the  joint  request  from  tlie  High  Contracting  Psirties  of  Hif 
Excellency  the  President  of  the  French  Republic,  or  His  M^esty  the 
King  of  Italy^  or  His  Majesty  the  King  of  Swetlen  and  Norway,  to 
name  an  Arbitrator,  either  to  fill  the  original  appointment  or  to  fill  a 
vacancy  as  above  provided,  then  in  such  case  the  appointment  shall  be 
made  or  the  vacancy  shall  be  filled  in  such  manner  as  the  High  Con 
tracting  Parties  shall  agree. 

Abticlb  IL 

The  Arbitrators  shall  meet  at  Paris  within  twenty  days  after  the 
delivery  of  the  counter  case  mentioned  in  Article  IV,  and  shall  proceed 
impartially  and  carefully  to  examine  and  decide  the  questions  that  have 


)een  or  s 
Grovernm 
tively.  i 
decision. 
Each  o 
fittend  th 
connecter 


The  pri 

ments,  th 
relies,  sht 
he  Agem 
he  meml 
months  & 


I  Within 
saae,  eith^ 
the  said 
•ase,  and 
(>  the  cas 
he  other 

If,  howi 
he  evidei 
hirty  daj 
five  uotic 
lelivery  o 
;uch  addi 
he  three 

If  in  tl 
(pecifled  i 
session,  w 
)arty  thi 
hereof;  s 
ors,  to  p: 
18  eviden 
liter  deli 
)e  delive 
brty  dayi 


It  shall 
he  expir; 
)n  both  8 
o  the  Ag 
md  refer 
nther  pai 
M'gumeni 
Hucidati( 
lent  or  a 


her  country 

to,  the  said 

18  involved", 

se  have  ap- 

k  O.  Blaine, 

Britain  and 
IT  Majesty's 
ited  States: 
ipective  full 
re  agreed  to 


nent  of  the 
iity  concern- 
bers  of  Beh- 
r-seal  in,  or 
the  dtizens 
r-seal  in,  or 

0  a  tribunal 
jhall  be  ap- 
e  named  by 
>y  Her  Bri- 
3h  Republic 
es  to  name 

1  name  one : 
0  requested 
)e  jurists  of 

ly  or  either 
of  the  said 
e  President 
sellency  the 
ng  of  Italy, 
«e  may  be, 
person  to 
'  originally 

hs  after  re- 
ties  of  Hif 
l^esty  the 
S^orway,  to 

or  to  fill  a 
mt  shall  be 

High  Con 


after  the 
all  proceed 
s  that  have 


BERING  SEA. 


8 


)een  or  shall  be  laid  before'tliera  aw  herein  provided  on  the  part  of  the 
Governments  of  the  United  States  and  Her  Britannic  Ma-jesty  re8i)ec- 
tively.  All  questions  t'onsidered  by  the  tribunal,  including,  tlie  final 
decision,  shall  be  determined  by  a  majority  of  all  the  Arbitrators. 

Each  of  the  High  C/ontracting  Parties  shall  also  name  one  person  to 
[ittend  the  tribunal  as  its  Agent  to  represent  it  generally  in  all  matters 
connected  with  the  arbitration. 

Article  III. 

The  printed  case  of  each  of  the  two  parties,  accompanied  by  the  docu- 
ments, the  official  correspondence,  and  other  evidence  on  wliich  each 
elies,  shall  be  delivered  in  duplicate  to  each  of  the  Arbitrators  and  to 
he  Agent  of  the  other  party  as  soon  as  may  be  after  the  appointment  of 
:he  members  of  the  tribunal,  but  within  a  period  not  exceeding  three 
lonths  from  the  date  of  the  excliange  of  the  ratiUcations  of  this  treaty. 

Article  IV. 

I  Within  three  months  after  the  delivery  on  both  sides  of  the  printed 
^.ase,  either  party  may,  in  like  manner  deliver  in  duplicate  to  each  of 
he  said  Arbitrators,  and  to  the  Agent  of  the  other  party,  a  counter 
!ase,  and  additional  documents,  correspondence,  and  evidence,  in  reply 
o  the  case,  documents,  correspondence,  and  evidence  so  presented  by 
lie  other  party. 

If,  however,  in  consequence  of  the  distance  of  the  place  from  which 
he  evidence  to  be  presented  is  to  be  procured,  either  party  shall,  within 
liirty  days  after  the  receipt  by  its  agent  of  the  case  of  tlie  other  party, 
live  notice  to  the  other  party  that  it  requires  additional  time  for  the 
lelivery  of  such  counter  case,  dociuuents,  correspondence  and  evidence, 
uich  additional  time  so  indicated,  but  not  exceeding  sixty  days  beyond 
he  three  months  in  this  Article  provided,  shall  be  allowed. 

If  in  the  case  submitted  to  the  Arbitrators  either  party  shall  have 
ipecifled  or  alluded  to  any  report  or  document  in  its  own  exclusive  pos- 
iession,  without  annexing  a  copy,  such  party  shall  be  bound,  if  the  other 
)arty  thinks  proper  to  apply  for  it,  to  furnish  that  party  with  a  copy 
hereof;  and  either  party  may  call  upon  the  other,  through  the  Arbitra- 
ors,  to  produce  the  originals  or  certifieil  copies  of  any  papers  adduced 
IS  evidence,  giving  in  each  instaiice  notice  thersof  within  thirty  days 
liter  delivery  of  the  case;  and  the  original  or  copy  so  requested  shall 
)e  delivered  as  soon  as  may  be  and  within  a  period  not  exceeding 
brty  days  after  receipt  of  notice. 

Article  V. 

It  shall  be  the  duty  of  the  Agent  of  each  party,  within  one  month  after 
lie  expiration  of  the  time  limited  for  the  delivery  of  the  counter  case 
)n  both  sides,  to  deliver  in  duplicata  to  each  of  the  said  Arbitrators  and 
o  the  Agent  of  the  other  party  a  printed  argument  showing  the  points 
uid  referring  to  the  evidence  upon  which  his  Government  relies,  and 
ither  party  may  also  support  the  same  before  the  Arbitrators  by  oral 
11  gument  of  counsel;  and  the  Arbitrators  may,  if  they  desire  further 
'lucidation  with  regard  to  any  iwint,  require  a  written  or  printed  state- 
neut  or  argument,  or  oral  argument  by  counsel,  upon  it;  but  in  such  c»ii>e 


173549 


4 


BERING   SEA. 


the  other  party  shall  be  entitled  to  reply  either  orally  or  in  writing,  as 
the  case  may  be. 

Abtiolb  VI. 

In  deciding  the  matters  submitted  to  the  Arbitrators,  it  is  agreed  that 
the  following  five  points  shall  be  submitted  to  them,  in  order  that  their 
award  shall  embrace  a  distinct  decision  upon  each  of  said  five  points, 
to  wit: 

1.  What  exclusive  juri.sdiction  in  the  sea  now  known  as  the  Behring's 
Sea,  and  what  exclusive  rights  in  tlie  seal  flsheries  therein,  did  Bussia 
assert  and  exercise  prior  and  up  to  the  time  of  the  cession  of  Alaska  to 
the  United  States? 

2.  How  far  were  these  claims  of  jurisdiction  as  to  the  seal  flsheries 
recognized  and  conceded  by  Great  Britain? 

3.  Was  the  body  of  wat-er  now  known  as  the  Behring's  Sea  included 
in  the  phrase  "  Psicific  Ocean,"  as  used  in  the  Treaty  of  1825  between 
Great  Britain  and  Russia;  and  whjit  rights,  if  any,  in  the  Behring's  Sea 
were  lield  and  exclusively  exercised  by  Russia  after  said  Treaty  I 

4.  Did  not  all  the  rights  of  Russia  as  to  jurisdiction,  and  as  to  the  seal 
flsheries  in  Behring's  Sea  east  of  the  water  boundary,  in  the  Treaty  be- 
tween the  United  States  and  Russia  of  tlie  30th  March,  1867,  pass  un- 
impaire<l  to  the  United  States  under  that  Treaty? 

5.  Has  the  United  States  any  right,  and  if  so,  what  right  of  protection 
or  property  in  the  fur-seals  frequenting  the  islands  of  the  United  States 
in  Behring  Sea  when  such  seals  are  found  outside  the  ordinary  three- 
mile  limit? 


Aeticlb  VII. 

If  tlie  determination  of  the  foregoing  questions  as  to  the  exclusive 
jurisdiction  of  the  United  States  shall  leave  the  subject  in  such  posi- 
tion that  the  concurrence  of  Great  Britain  is  necessary  to  the  establish- 
ment of  Regulations  for  the  proper  protection  and  preservation  of  the 
fur-seal  in,  or  habitually  resorting  to,  the  Behring  Sea,  the  Arbitrators 
shall  then  determine  what  concurrent  Regultvtions  outside  the  jurisdic- 
tional limits  of  the  respective  Governments  are  necessary,  and  over 
what  waters  such  Regulations  should  extend,  and  to  aid  them  in  that 
deterniination  the  report  of  a  Joint  Commission  to  be  appointed  by  the 
respective  Governments  shall  be  laid  before  them,with  such  other  evi- 
dence as  either  Government  may  submit. 

The  High  Contracting  Parties  furthermore  agree  to  co-operate  in 
securing  the  adhesion  of  other  Powers  to  such  Regulations. 

AUTICLE  VIII. 

The  High  Contracting  Parties  having  foxind  themselves  unable  to 
agree  upon  a  reference  which  shall  include  the  question  of  the  liability 
of  each  for  the  injuries  alleged  to  have  been  sustained  by  the  other,  or 
by  its  citizens,  in  connetjon  with  the  claims  i)resented  and  urged  by 
it;  and,  being  solicitous  that  this  subordinate  question  should  not  inter- 
rupt or  longer  delay  the  submission  and  determination  of  the  main 
questions,  do  agree  that  either  may  submit  to  the  Arbitrators  any 
question  of  fiict  involved  in  said  claims  and  ask  for  a  flndlng  thereon, 
the  question  of  the  liability  of  either  Government  upon  the  facts  found 
to  be  the  subject  of  ftirther  negotiation. 


vrriting,  as 


tgreed  tliat 

■  that  their 
Ive  points, 

)  Behring's 
did  BuMsia 
[  Alaska  to 

al  fisheries 

^a  iiHjluded 
i5  between 
tiriug's  Sea 
?atyl 

I  to  the  seal 
Treaty  be- 
7,  pass  un- 

■  protection 
ited  States 
nary  three- 


e  exclusive 
such  posi- 
B  establish- 
tion  of  the 
Arbitrators 
le  jui'isdic- 
and  over 
em  in  that 
ited  by  the 
other  evi- 

operate  in 


„  unable  to 
he  liabiUty 
le  other,  or 
d  urged  by 
i  not  iuter- 
'  the  main 
;rator8  any 
\g  thereon, 
£act8  found 


BEBmo  SEA.  5 

Abtiole  IX. 

The  High  Oontracting  Parties  having  agreed  to  appoint  two  Com- 
missioners on  the  part  of  each  Government  to  make  the  joint  investiga- 
tion and  report  contemplated  in  the  preceding  Article  VII,  and  to 
inclnde  the  terms  of  the  said  Agreement  in  the  present  Convention,  to 
the  end  that  the  joint  and  several  reports  and  recommendations  of  said 
Commissioners  may  be  in  due  form  submitted  to  the  Arbitrators  should 
the  contingency  therefor  arise,  the  said  Agreement  is  accordingly  herein 
included  as  follows : 

Each  (Government  shall  appoint  two  Commissioners  to  investigate 
conjointly  with  the  Commissioners  of  the  other  Government  all  the  facts 
having  relation  to  seal  life  in  Behiing's  Sea,  and  the  measures  neces- 
sary for  its  proper  protection  and  preservation. 

The  four  Commissioners  shall,  so  far  as  they  may  be  able  to  agree, 
make  a  joint  report  to  each  of  the  two  Governments,  and  they  shall 
also  report,  either  jointly  or  severaUy,  to  each  Government  on  any  points 
upon  which  they  may  be  unable  to  agree. 

These  reports  shall  not  be  made  public  until  they  shall  be  submitted 
to  the  Arbitrators,  or  it  shall  appear  that  the  contingency  of  their  being 
used  by  the  Arbitrators  can  uot  arise. 

Abtiole  X, 

Each  (Government  shall  pay  the  expenses  of  its  members  of  the  Joint 
Commission  in  th^i  investigation  referred  to  in  the  preceding  Article. 

Abtiole  XI. 

The  decision  of  the  tribunal  shall,  if  possible,  be  made  within  three 
months  from  the  close  of  the  argument  on  both  sides. 

It  shall  be  made  in  writing  and  dated,  and  shall  be  signed  by  the 
Arbitrators  who  may  a.ssent  to  it. 

The  decision  shall  be  in  duplic(^te,  one  copy  whereof  shall  be 
delivered  to  the  Agent  of  the  United  States  for  his  Government,  and 
the  other  copy  shall  be  delivered  to  the  Agent  of  Great  Britain  for  his 
Government. 

Abtiole  xn. 

Each  Government  shall  pay  its  own  Agent  and  provide  for  the  proper 
remuneration  of  the  counsel  employed  by  it  and  of  the  Arbitrators 
iippointed  by  it,  and  for  the  expense  o*  preparmg  and  submitting  its 
case  to  the  tribunal.  All  other  expenses  connected  with  the  Arbitra- 
tion shall  be  defrayed  by  the  two  Governments  in  equal  moieties. 

t  Abtiole  XIII. 

The  Arbitrators  shall  keep  an  accurate  record  of  their  proceedings 
and  may  apx>oint  and  employ  the  necessary  officers  to  assist  them. 

Abtiole  XIV. 

The  High  Contracting  Parties  engage  to  consider  the  result  of  the 
proceedings  of  the  tribunal  of  arbitration,  as  a  fiill,  perfect,  and  final 
settlement  of  all  the  questions  referred  to  the  Arbitrators. 

S.  fix.  9 19 


6 


BEBINO  SEA. 
ARTIOLK  XV. 


The  present  treaty  shall  be  duly  ratified  by  the  Prewident  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of  the 
Senate  thereof,  and  by  Her  Britannic  Majesty;  and  tlie  ratitications 
shall  bp  exchanged  either  at  Washington  or  at  London  witliin  six 
months  from  the  date  hereof,  ov  earlier  if  posHible. 

In  faith  whereof,  we,  the  respective  I'lenipotenliaries,  have  signed 
this  treaty  and  have  hereunto  afiixed  our  seals. 

Done  in  duplicate  at  Washington  the  twenty-ninth  day  of  1^'ebruary, 
one  thousand  eight  hundred  and  ninety  two. 

Jami:s  G,  Blaine  IhealI 

JULIAI^  PATINCEPOTE       [SEALJ 


PR 


Furth 


Toth 

I  h 
print* 
treaty 
to  the 

Tht 
in  Sei 
sion ; 
gessio 
secoui 


Ex] 


MESSAGE 


FROM   THR 


PRESIDENT  OF  THE  UNITED  STATES, 


TRANSMITTINO 


Further  correspondence  with  Oreat  Bri  tain  resp'^oting  the  fur-seaf  Jisheriea 

in  the  Bering  Sea. 


To  the  Senate : 

I  herewith  transroit  a  copy  of  the  correspondeDoe,  not  heretofore 
printed,  in  relation  to  the  Bering  Sea  negotiations  terminating  in  the 
treaty  between  the  United  States  and  Great  Britain  which  I  sabmitted 
to  the  Senate  on  the  8th  instant. 

The  previous  correspondence  in  regard  to  this  subject  is  contained 
in  Senate  Executive  Document  No.  1U6,  Fiftieth  Congress,  second  ses- 
sion ;  House  Executive  Document  No.  460,  Fifty-lirst  Congress,  first 
session,  and  House  Executive  Document  No.  144,  Fifty-first  Congress, 
second  session. 

Benj.  Habbison. 

Executive  Mansion. 

Washington,  March  9,  1893. 


m  ■ 


N 


LIST    OF   PAPEBS. 


From  and  to  whom. 


LortI  Balisbnry  to  Sir  J.  Paddoo- 
fote. 


If  r.  BUine  to  Sir  J.  Pmnoefote. 


Sir  J.  PMiiMrote  to  Kr.  Blalno  . . 


Ifr.  Blaine  to  Sir  J.  Pannoafbte. 


Sir  J.  Paonoefoto  to  Ifr.  Blaine. 


Dttto. 


IMl. 
Feb.  21 


Apr.  14 


Apr.  M 


Kay    4 


May    S 


Mr.  A  dee  to  Sir  J.  Panncefote 

Sir  J.  Pannoefote  to  Mr.  Adee  . . 

Mr.  Adee  to  Sir  J.  Paunoefote  ... 


Sir  J.  Paancefota  to  Mr.  Adee  . . 

Sir  J.  Pauncefote 

Do \ 


Mr.  Wharton  to  Sir  J.  Paoaeefote 


May  20 
May  21 

May  2« 


May  27 

June  3 
...do .... 


Jane   4 


(MltllMt 


Page 


Reply  to  V  Illaine't  inte  of  Ui-oe'iiit'ur  17.  States 
tW.tOt  ^  Britain  ixokerer.v  Htupwiilob  It  waa 
iu  lu  \t  .  or  to  tal(«  in  nnl.'r  to  make  it  clnar  to 
Ruptiia  tliat  Khn  ul  not  accept  claim  to  exclude 
her  suliji'cti  for  1(A>  niilee  dialanoe  from  the 
coaiit  which  \>  .tl  bj.  u  jmt  forward  in  Dkaw^  of 
1821  Clalnii  b»t  worda  '  racifloOoeao,"  iiiwd 
in  trratv  nf  18:!5  with  KuMia,  did  include 
Berins  Mea.  'ronoae*  iianie  ohan/{ea  to  the 
qiieatuiu*  to  be  auninitted  to  arbitration. 

OiveR  »ix  oueiitlooKpruiiOMd  for  arbitration.  The 
United  i'latex  clHimt  the  same  ri^ht  to  power 
bevomi  :<  mlleillmit  aaOreat  Brituui  oiten  a><t 
of  tarlijmentof  1880  attemptinK  tocontroi  body 
of  water  un  oiant  of  Scotland  ?  700  Hqiiare  niilea 
in  extent    Map  of  that  body  ikoloaed. 

The  ntoppnicn  of  all  sealinK  at  sea  and  on  land 
■errns  to  be  uccwptable  to  Lord  Salisbury,  who 
wiihea  to  know  vbether  it  would  bo  preferred 
that  the  proposal  come  fhim  the  Britiab  QoTern- 
ment. 

Beriewa  the  nexotiations  for  a  modiM  tit«ndi 
pending  tbe  remit  of  arbitration ;  oonceHlona 
niaile  by  the  Preaideut  in  oonaequenoe  thereof; 
rcoltal  of  the  obllgationi  imposed  on  the  North 
American  Oo.,iu  return  forthe  sealing  priTlleKe. 
which  make  it  necessary  that  they  snonld  be 
allowed  to  take  a  limited  number  of  seals  con- 
trary to  the  oUim  of  Great  Britain  that  aealing 
should  be  absolotely  prohibited  on  both  sides; 
submits  terms  of  afcreement  on  that  basis. 

Acknowledges  the  above,  of  which  oopy  baa 
been  maile<l,  and  precise  terms  telegraphed  to 
London.  Deprecates  allegi-d  delay;  refers  to 
previoas  interviews;  mentions  the  exception 
taken  at  tbe  ;,wo  condilionx  that  the  right  to 
kill  a  certain  nnmlier  of  seals  waa  reserved  for 
the  American  Co.  and  that  tbe  tnodu*  vivtndi 
waa  not  to  be  put  in  force  until  arbitration  waa 
agreed  upon,  and  expresses  satisfaction  that 
toe  latter  condition  has  been  removed. 

Requests  a  repiv  to  proposition  of  the4tb....   .. 

K<!|ily  requested  has  not  yet  been  received,  but  is 
expected  to  arrive  In  the  course  of  a  day. 

Points  to  the  reasons  for  which  a  prompt  reply 
Is  desired  ;  revenue  cntters  have  been  ordereil 
to  proceed  to  the  fisheries,  and  the  orders 
would  be  made  definite  by  tbe  conclusion  of  an 
agreement. 

Regrets  tbe  delay  and  makes  excnse  on  the 
grouDi!  nt  the  lateness  of  the  proposal. 

Fropoul  fc.  -.nodtu  vivtndi  by  the  British  Gov- 
ernment. 

Assents  to  the  first  five  qnestions  submitted  by 
M  r.  Blaine  on  April  14 ;  makes  a  counter  prop- 
osition in  respeot  of  question  sixth,  and  of 
compensation  for  dcroages  sustained. 

Proposes  substitotes  for  subdivisions  1  and  3  of 
the  British  proposal  for  modus  vittndi  at  June 
8 ;  takes  exception  to  snbdivisiou  3  relative  to 
the  appointment  ot  consuls,  and  ol^eots  de- 
cidedly to  the  condition  4  of  tbe  prevlona  as- 
sent of  Bnssia;  suggests  that  the  navies  of 
both  nations  enforce  the  agreement  when  it  is 
oonolnded ;  reply  to  proposal  of  June  S. 


10 


BERING   SEA. 
LIST  OF  PAPERS— Continued. 


From  and  to  vbom. 


Sir  J.  Franoefoto  to  Mr.  Wharton 


Mr.  Wharton  to  Sir  J.  Pauncefote 


Sir  J.  Paanoofoto  to  Mr.  Wharton 


Mr.  Wharton  to  Sir  J.  Faancefote. 


Sir  J.  Panncefote  to  Mr.Wharton 


Same  to  sama . 


Mr.  Wharton  to  Sir  J.  Pannoefoto 
Sir  J.  Panncefote  to  Mr.  Wharton 

Mr.  Wharton  to  Sir  J.  Panncefote. 


The  President 

Mr.  Wharton  to  Sir  J.  Pannoefote 


Sir  J.  Panncefote  to  Mr.  Wharton 
Sir  J.  Pannoefote  (meraorandnm) 


Mr.  Wharton  to  Sir  J.  Pannoe- 
(ot& 


1891. 
Jnne   6 


Jnne   6 

Jane  8 
Jnne    9 

June  10 

Jnne  11 

Jnne  11 
Jnne  13 

Jane  13 

Jnne  IS 
Jnne  20 

Jnne  21 
Jnne  23 
Jnne  26 


Sntijeot. 


Page. 


Same  to  aame . 
Same  to  same . 


Sir  J.  Pauncefote  to  Mr.  Wharton 
Mr.  Wharton  to  Sir  J.  Pauncefote. 


Jnne  2S 
June  20 

Jnne  2T 
Jnly    3 


SnbTDitA  the  telefft'sphlo  reply  to  the  above  note 
accepting  the  propoHalx  therein  on  condition 
tliat  the  llritUb  Government  be  allowed  to  su- 
verrige  the  exeontion  of  the  agreement  on  the 
islanda,  au.1  that  the  prohibition  will  be  ex- 
tended to  the  whole  of  the  iieriiig  S:i>..  Tnsista 
that  the  terme  of  arbitration  and  modtu  be 
agreed  on  gimnltaneoaely,  as  the  saspeusion  of 
sealing  could  not  be  acceded  to  another  year. 

Reply  to  the  above.  Objects  to  the  claim  of  su- 
pervision by  British  authorities  of  the  killing 
on  land  which  is  already  supervised  by  AmerT 
can  otiiciaU  whose  integrity  is  to  be  upheld,  but 
agrees  to  the  appointment  of  one  or  two  com- 
missioners for  the  collection  of  facts  to  lie  placed 
before  the  arbitrators.  Subniita  proposal  em- 
bodying this  and  other  conditions  agreed  upon. 

Subroits,  in  reply  to  the  above,  an  agreement  tele- 
graphed from  London  and  containing  modiflca- 
tiong  of  and  additions  to  that  submitted  in  said 
note. 

Beply  to  the  above.  Protesta  'against  the  pre- 
senting of  new  propositions  at  this  time ;  pro- 
ceeds to  discuss  them  and  snbmite  a  form  of 
agreement  drafted  with  slight  modifications  af- 
ter thnt  presented  on  June  6  ;  Insists  upon  the 
necessity  of  a  speedy  settlement. 

Presents  a  defense  of  the  motives  of  Lord  Salis- 
biiry  in  iuirodiioisg  new  propositions  at  this 
time,ibnt  says  they  will  prouably  not  be  insisted 
upon  except  that  for  a  joint  commission  of  four 
experts  to  report  on  the  necessity  for  interna- 
tional arrsngeraenta. 

Reply  has  been  received  by  telegraph  fVom  Lord 
Salisbury  who  regrets  that  the  auguestlous  in 
regard  to  Russia  have  l>eon  rejected,  bat  will 
anthorize  him  to  sign  agree, nent  if  assurance 
Is  given  respecting  the  commission  of  experts 

Aeknowledeus  the  above  and  accepts,  pending  a 
fuller  reply,  the  terms  therein  presented. 

He  has  received  telegraphic  permission  to  sign 
agreement  under  previously  understood  voiidi 
tion  as  to  joint  oommisHion. 

Appointment  for  the  formal  attestation  to  the 
mod  lu  Vivendi. 

Proclamation  in  re  modut  vivendi 

Instructions  issued  by  the  Navy  Department  in 
pursuance  of  the  aiiovfc  )>raclaination.  8ir  J. 
Panncefote  is  furniHiied  fopies  thereof  and 
asked  for  iustractious  issued  by  the  BritUh 
Government. 

Appointment  of  British  coniniisslouers  under 
the  agreement  announced  to  visit  PribyloflT 
Islands. 

Instt'uctions  issued  to  lirltlsb  naval  senior  ofllcer 
stated.  Suggestion  of  iiuleinnity  for  any  act  in 
execution  or  the  modut  vivendi  submitted. 

Objections  of  British  Government  tn  arhltratlon 
preposition  No.  6,  presented  bv  Mr.  RIaine  on 
Dec.  17,  1890.  Reply  to  Lonl  ^llsbury's  note 
of  the  26th  of  Kebmary,  1891,  and  of  Sir  J. 
Panncefote's  of  Jnne  3.  The  olijection  of  the 
reference  o*'  the  question  of  closed  time  to  ar- 
bitration in  sach  words  as  to  attribute  abnor- 
mal rights  to  the  United  States  is  met  by  a  new 
proposition  avoiding  th-it  olijection ;  submits 
also  a  final  clause  In  the  matter  of  Indeuinifica- 
tion  by  which  the  interests  of  the  Uniteil  States 
as  owner  of  the  seal  ilsherioa  ai-e  not  Ignored  as 
in  the  suggestion  made  in  the  note  of  June  3. 
Agreement  in  regard  lo  the  appointment  of 
uommissioners  to  visit  the  Piibyloff  Islands 
proposed. 

Instructions  for  the  reception  of  the  Hrltish  oom- 
mii-siooers  at  the  flslierles  transmitted. 

Instrnotions  Issued  to  lirltlsh  navy,  as  per  note 
of  the  24th,  have  been  comm  unio«ted  to  the 
Navy  Department. 

Kote  (Uthe2Bth  acknowledged 

Commissioners  to  visit  the  Bering  Sea.  Pro- 
poaea  they  go  and  act  togeUur, 


87 


87 


40 
43 

44 

44 

44 

46 

45 
40 

48 
49 
40 


SirJ.P 

Same  t< 

Same  t( 

Mr.  Ad 

Mr.Wli 
SirJ.P 


Mr.Wt 


Sir  J.  Pi 


Mr.Wh 


Same  t« 
Sir  J.  Pi 

Same  to 
Same  tc 


SirJ.P 


Mr.  Wu 
Same  tti 


Same  to 


51 

61 


63 

ea 


BERING   SEA. 
LIST  OF  PAPERS— Continued. 


11 


Pane. 

e  note 

87 

dltion 

toau- 

on  the 

>e  ei- 

tiBiata 

ItM  be 

HiOD  of 

rear. 

of  sa- 
kniinir 

87 

Pro- 


40 


43 


Sir  J.  Paiinoefote  to  Mr.  Wbarton . 


Same  to  aame  . 
Same  to  name  . 


1891. 
July    6 


July    6 
July    7 


Mr.  Aden  to  Sir  J.  Pnnncefote I  July     8 

Mr.WhartontoSlrJ.Panncefote.    July    D 
SirJ.Pauncefote  to  Mr.  Wbarton.   July  13 


44 

44 

46 

4S 
46 


48 
49 
49 


Mr.  Wharton  to  Sir  J.  Pauncefote. 


Sir  J,  Panncefote  to  Mr.  Wharton . 


Mr.  Wharton  to  Sir  J.  Pauncefote . 


Same  to  same 

Sir  J.  Pauncefote  to  Mr.  Wharton 

Same  to  aame  [telefsraui] 

Same  to  aame  [unotUclal] 


Sir  J.  Pauncefote  to  Mr.  Blaine. 


Mr.  Wuartoa  toSir  J.  Panncefote 
Sameti  ifune 


July   23 


Aug.    8 


Aug.   17 


Aug.  22 
Aug.  24 

Aug.  20 
Aug.  26 


Aug.  26 


Sept.    2 
Sept.    7 


Same  to  name .~ Oct.   19 


61 

61 


62 

6a 


Keply  to  the  above.  Paaeage  for  the  BrillRh 
Comir.iasionerH  baa  already  been  arranged  for 
but  (hey  will  be  inatnic'ted  to  cooperate  aa 
munb  as  noaaible. 

Act  ol  l*ai'ii:inieDt  and  order  in  council  In  purau- 
auce  ol'  motliit  mvendi  agreement  inclnaed. 

Inatructiona  (in  full)  to  the  iiaval  forcca  of  Great 
Britaiu  ill  tlie  Bering  Sea  inclnapd. 

JNote  ol  tilii  iiiniMiil,  Iiiultmiut:  iicii  o[  i'ariiament 
and  oriler  in  council,  acknonleiltred. 

Note  of  7lli  unil  inclciHure  ac.knnwiodgetl. 

The  prnpo^Uion  in  regard  to  indvmniflcatiou  made 
in  tb«  note  of  June  25  apppara  to  Lord  Salia- 
bury  (o  prejudge  the  qiieation  of  lialiilit.v.  A 
form  ia  Hiiliniilted  by  which  not  only  the  facta 
but  tile  liability  ariaing  from  them  aball  be 
paaaod  iiiioii  by  tli«  arbilratora. 

Tne  objection  p'reaented  in  the  above  note  waa 
not  nnticipalc'd.  It  ia  contended  that  it  waa 
made  with  dae  regard  to  Lord  Saliabury'a  own 
language  and  in  a  apirit  of  entire  equality  pre- 
aenta  olmiirvations  in  aupport  of  that  poaition; 
but,  with  a  view  to  removing  ibe  laat  point  of 
differenre,  the  propoailion  ia  nmdifled  so  aa  to 
meet  the  objection  made  againat  it. 

Indemnittea  for  acta  committed  by  cruiaera  of 
either  nation.  Solicita  a  reply  to  the  t|ues(ion 
relating  thereto  included  in  the  memorandum 
trauHniitted  with  bis  note  of  June  23. 

Reply  to  the  above.  TbePreaiilent  thinks  it  will 
be  time  to  ponaider  the  ijuestion  of  indemnity 
when  oocasiuu  has  been  giveu  to  claim  the  annio. 

RequeatH  a  rejily  to  his  note  of  July  23 

Kegreta  hia  inability  to  fumiah  aa  yet  the  reply 
above  i'C(iui'Ht»d. 

Your  note  of  22d.    Iiiiporlant  letter  post«d  to-dnv. 

The  Bi'itiah  Government  can  not  accept  propoaeil 
form  in  note  of  July  2.1,  becanae  implying  tin- 
admiaaion  of  lh»  doctrine  that  govern nieiita  are 
liable  for  acta  of  their  nationals.  Wiiliont  leav- 
ing tbequestlonofdama^ea  entirely  out,  aa  aug- 
geated  by  Mr.  Wbarton  at  one  time,  a  middle 
course  niHIit  be  adopted,  and,  omitting  the 
qneation  of  Ilabilitv.  qiieationa  offset  might  ba 
roforre.d  to  the  arbltratora.  Submita  the  wonl- 
ing  of  the  clause  drafted  on  that  basis. 

The  killing  of  seals  is  permitted,  according  to  re- 
ports reoeivml  from  the  Bering  Sea  Commission- 
ers, to  continue,  although  the  number  agreed 
upon,  7,500,  Is  al ready exceedetl,  tbcexcu.seoeing 
that  the  limitation  begins  with  the  sig'iature  ot 
the  mndvu  Vivendi  agreement.  This  Govern- 
ment is  convinced  the  President  will  not  coun- 
tenance auy  puch  evasion  of  the  spirit  of  said 
agreement. 

Kote  f  August  26  (above)  shall  receive  immedi- 
ate attention. 

The  objection  preaented  in  (unoflioial)  note  of  Au- 
gust 26  ia  groundless.  The  President  does  not 
assume  lialiility  on  the  part  of  Great  Britain, 
but,  on  th?  contrary,  winbes  to  put  the  qiieHtion 
of  liability  to  the  arbitrators.  He  can  not  ac- 
cept the  counter  proposition  to  submit  the 
question  of  facts  only,  as  those  are  well  known, 
and  iiiiist  insist  that  the  question  of  liability 
aball  go  to  arbitration. 

Allegeiikillint:  of  seala  in  exoeas  of  numlier  pro- 
vided for  by  ngreoiiient.  A  reply  to  the  note 
of  August  26  has  been  delayo<l  by  the  necessity 
of  waiting  lor  the  United  .States  aKcnt'a  report. 
The  auent's  interpi-etation  that  the  limitation 
should  begin  with  iheaigningof  the  agreement 
was  rxincuiTed  in  by  the  United  States  naval 
oflieers  and  the  eoniininaioners  <>f  both  parties; 
a  large  niiiiiber  bail  been  killed  between  that 
date  and  that  of  the  receipt  of  Inst  rue  liona  by  the 
agent,  leaving  then  but  .1,029  to  be  taken  "for 
the  suliaistenc.e  and  care  of  be  native.)"  from 
July  2,  1891.  to  May  1, 1892,  and  the  agent  see- 
iiig  that  it  would  be  ina(ieqi;ai~i>.  called  upon  the 
lessees  to  supply  the  deflci-aoy  with  aalt  meat 


S2 


53 
59 


90 
60 


61 


62 


63 


63 
64 


64 
64 


66 


06 

66 


67 


12 


BERING   SEA. 
LIST  OP  PAPEES-Cojiiinned. 


llr.  Wharton  to  Sir  J.  P»iuio«fote. 


8ir  J.  PkODoefoto  to  Mr.  Wharton 
Samoto 


Mr.  Wharton  toSirX  Vannoeibte 


Sir  J.  Pannoefoteto  Mr.  Wharton 
Sir  J.  Panncefote  to  Mr.  Blaine. . . 


Mr.  Blaine  to  Sir  J.  Panncefote. . 


Sir  J.  Panncefote  to  Mr.  Blaine 


Mr,  Blaine  to  Sir  J.  Panncefote  . 


1891. 
Oct    12 


Oet    It 
Oet.   17 

Oct  sa 


Oct   28 
IfoT.  28 


Not.  27 


Dec     1 


Deo.    2 


Delav  of  ten  weehs  in  replying  to  the  propoHal  of 
Jnly  23,  for  the  aettlement  of  claima  for  dam- 
axea  ia  oalleA  to  Sir  Paoncefote'a  attention,  to- 
gether with  the  frot  that  the  modiu  vivtndi  ex- 
piree May  2, 1M>2.  The  President  feels  that  if 
any  effeouTe  action  u  to  he  taken  in  the  matter 
herore  the  next  Ashing  season  opens  all  the  terms 
of  agreement  of  arbitration  shonid  be  dispooed 
of  immediately. 

Reply  to  the  abtrre.  Iiord  Salisbory  Is  expected 
in  London  this  week)  mnch  of  the  period  of  ten 
weelis  was  takin  "p in  informal  disoussions. 

The  British  GoTemment  Insists  npon  its  inter- 
pretation of  the  damage  olaase  as  presented  in 
his  auUi  of  Angast  20.  The  same  proposition 
is  practically  renewed. 

Begrets  the  determination  reported  in  the  above 
note  and  discusses  it  at  some  length,  hnt  with 
ariew  to  indnoe  a  prompt  solnnun  sabmits  a 
wording  of  theolansein  conformity  to  the  wish 
that  qaestions  of  fltct  only  shall  be  submitted 
to  arbitration,  the  qoestion  of  liability  being 
reaerred  for  (titare  negotiations. 

Acceptance  of  the  above  propositi's  has  been 
received  by  telegraph. 

States  that  two  reservations  are  desired  in  arti- 
cle 0,  vis,  that  the  necessity  and  nature  of  any 
regnlations  are  left  to  the  arbitrators,  and  that 
such  regulations  will  not  become  obligatory 
upon  the  United  Staves  and  Great  Britain  until 
they  have  received  the  assent  of  the  maritime 
Xrawers. 

States  that  within  a  few  days  the  ininister  had 
furnished  the  exact  points  that  had  been  agreed 
upon  for  arbitration  I  that  he  now  informs  him 
by  his  noteof  the  23d  instant  that  two  reserva- 
tions are  desired  in  the  sixth  article ;  that  all 
regulations  shonid  be  left  to  the  arbitrators, 
and  that  they  shall  be  accepted  by  the  other 
maritime  powers  before  becoming  obligatory 
upon  the  United  States  and  Great  Britain. 
Snnh  a  proposition  will  pobtpone  the  matter 
indefinitely,  and  it  can  not  be  taken  into  con- 
sideration. Tliere  is  no  ol^eotion  to  submit- 
ting it  to  the  maritime  powers  for  their  assent, 
but  the  United  States  can  not  agree  to  make 
the  adjustment  with  Great  Britain  dependent 
upon  the  action  of  third  parties,  who  have  no 
(llrrct  interest  in  the  seal  nsheries. 

States  that  with  regard  to  the  first  reservation 
proposed  in  his  note  of  23d  ultimo,  the  state- 
lueut  made  in  Drpurtnient  note  of  the  27th 
ultimo  assures  the  same  and  it  may  be  put 
aside.  The  objeot  of  tho  second  reservation 
was  to  prevent  the  fisheries  ftvm  being  pnt  at 
the  mercy  of  some  third  power.  The  regula- 
tion might  be  evaded  by  British  and  Ameri- 
can sealers  by  simnly  hoisting  the  San  of  a  non- 
adhering  power.  Suggests  that  after  the  lapse 
of  one  year  if  either  government  oomplaina 
that  injury  is  being  clone  to  the  tiHiierien  it  may 
give  notice  of  a  suspension  of  tlie  regnlations. 
ongcests  also  that  if  any  dispute  arises  be- 
tween the  two  nations  the  question  in  contro- 
versy Hhsll  be  referred  to  an  admiral  of  eaioh, 
who  may  choose  an  umpire. 

In  ro]il,y  to  note  of  1st  instjtnt,  states  thst  Presi- 
dent Ih  unable  to  see  the  apprehended  danger 
of  a  third  nation  engaging  in  sotiling;  no  otaer 
nation  ever  has.  Russia  will  not  dissent  (Vom 
the  agreement  because  It  will  endsnger  her 
owu  sealing  property.  We  may  look  to  her  to 
sanction  and  strengthen  it.  The  two  nHlions, 
however,  sbn  jid  unite  in  a  note  to  the  principal 
powers  advising  them  of  whst  has  been  done 
and  asking  their  approval.  If  the  agri'timent 
is  disturbed  by  a  third  nation  Great  liritsln 
and  United  Stlates  can  act  coi;)oiutly.  It  is 
therefore  hoped  that  arbitration  may  be  id- 
owed  to  proceed. 


80 


70 


71 


74 


76 


7« 


From  I 


Sir  J.Pannoel 


Hr.  Blaine  to 


Sir  J.  Pannoe 


Mr.  Blaine  to  i 


SirJ.Pannee: 
Same  to  aame 


ifame  to  aame 


Same  to  same 
Same  to  aame 
4anie  to  aame. 

Ur,  Blaine  to 


y 


'•ge. 


W 


70 


71 


74 


BERING  SEA. 
LIST  OF  PAPEilS— Continued. 


13 


From  and  to  whom. 


Sir  J.  Psanocfote  to  ^r.  Blaine. 


Mr.  BUine  to  Sir  J.  Fannoefoto. . 


Sir  J.  Faanoefoto  to  Mr.  Blaine. 


Mr.  Blaine  to  Sir  J.  Pannoefotfl  . 


76 


76 


Sir  J.  Fannoefoto  to  Mr.  Blaine 


Same  to 


^&me  toaame. 


anie  to  same . 
jitme  to  lamA. 
fame  to  same. . 


Ur.  Blaine  to  Sir  J.  Fannoeroto 


1801. 
Dea    8 


Deo.  10 


Deo.  11 


Doo.  14 


Dec  16 


Deo.  17 


Deo.  80 

1892. 
Jan.  16 

Jan.  21 

Jan.  30 

Feb.    4 


States  that  hisGoTemmentdoes  not  fear  that  the 
powers  will  reject  the  refnil  atlono,  but  that 
they  will  ref\i8e  to  allow  the  arresi  of  their 
sliips  which  may  enxage  in  aealioc  in  viola- 
tiou  of  the  roKulations.  It  is  probable  that 
during  the  clo»«  season  sealing  will  go  on 
noiler  other  HnfiH. 

States,  in  reply  to  note  of  fith  instant,  that  since 
the  diHpiite  began  not  a~vesseloi  France  or  Ger- 
many has  ever  engaxed  in  sealing ;  it  would  be 
unprofitable  for  them  to  sail  20,000  miles  todoso. 
If  we  wait  nntil  they  agree  that  their  ships  may 
be  Hearclied  the  last  seal  will  have  been  taken. 
Russia  is  regarded  as  an  ally  and  no  American 
country  will  loan  its  Hag.  To  stop  now  tor  out- 
side nations  is  to  indefinitely  postpone  the 
whole  queation,  The  Fresident  adheres  to  his 
ground,  that  we  must  have  the  arbitration  as 
already  signed. 

States  tliat,  in  view  of  the  strong  opinion  of  the 
Prei^ideut  that  the  danger  apprehended  by  Lord 
Salisbury  is  too  remote  to  Justify  delay,  the 
British  GoTernmriit  will  not  press  the  point, 
explained  in  his  note  of  the  8tn  instont,  out  it 
reserves  the  right  of  raising  it  when  the  qaes- 
tion  of  framing  the  regulations  comes  before 
the  arbitrators.  It  is  nnderstdod  that  they  may 
attach  such  conditions  to  them  as  they  may  "  a 
priori"  Judge  to  be  necessary  and  Jnst  :o  the  two 
powers.  States  that  he  is  aathorized  to  sign 
the  text  of  the  soven  articles  and  of  the  Joint 
commission  Hrticle.  Will  ohII  at  Department 
at  any  time  appointed. 

In  reply  to  note  of  llth  instant,  states  that  Pres- 
ident objects  to  Lord  Salisbury's  making  any 
reservation  at  all,  and  can  not  yield  to  him  the 
right  to  appeal  to  the  aibitrutors  to  decide  any 
point  not  embraced  in  the  articles :  to  claim 
this  right  is  to  entirely  change  the  arbitration. 
The  President  claims  the  right  to  have  the 
■et  en  points  arbitrated.    The  matters  to  be 

'  arbitrated  must  be  distinctly  understood  before 
the  arbitrators  are  chosen.  Is  prepare<i  to  sign 
the  articles  witliout  any  reservation  whatever, 
and  will  be  glad  to  have  him  call  at  the  Depart- 
ment 09  the  luth,  at  il  a.  m. 

Will  transmit  note  of  lith  instant  to  his  Govern- 
ment. Pending  further  instructions,  it  is  not 
in  his  power  to  proceed  to  the  signature  of  the 
articles. 

States  iu  reply  to  note  of  14th  instant  that  Lord 
Salisbury  stotes  that  owing  to  the  ditiiculties 
of  telegraphic  commnnication  he  has  been  mis- 
understood, ami  will  defer  discUHsion  as  to  the 
course  to  be  followed  iu  c&he  the  regulatiuns 
are  evaded  by  a  change  of  Hag.  Stales  that  no 
reserration  was  embodied  in  his  note  of  the  llth 
instjint,  and  agrees  with  the  President  that  no 
point  should  be  submitted  to  the  arbitrators 
not  embraced  in  the  agreement.    Is  ready  to 


sign  the  articles. 
>ecTii 


Declines  to  have  the  nomber  of  the  arbitrators 
reduced  from  seven  to  five,  bni  prefers  that 
each  country  should  be  renreaentod  by  two  and 
the  other  three  appointea  by  foreign  govern- 
ments 

States  that  Messrs.  Baden-Powell  and  Dawson 
will  arrive  on  the  29th. 

His  government  a<!cepts  that  the  arbitrators  shall 
be  chosen  by  France,  Italy,  and  Sweden. 

Asks  whether  Department  is  prepare<l  to  proceed 
at  once  to  the  preparation  and  signature  of  the 
formal  arbitration  ooiivention  and  Joint  Com- 
mission. 

Inclosing  arbitration  convention  and  Joint  Com- 
mission agreement  and  states  that  be  is  ready 
to  proceed  at  onee  to  the  aignatore  of  the  oon- 
▼•ntimi. 


Page. 


77 


77 


78 


78 


79 


79 


80 


81 
81 

81 


14 


BERING   SEA. 
LIST  OF  PAPERS— Continued. 


From  and  to  whom. 


Hr.  Blaine  to  Sir  .T.  Fannoefote. 


Sir  J.  Pannonfote  to  Hr.  Blaine. 


Mr.  Blaine  to  Sr  J.  Pannoefoto . 


Sir  J.  Pannoefoto  to  ICr.  lilaiue . . , 


Mr.  Blaiue  to  Sir  J.  Pannoefoto . . . 


Sir  J.  Pannoefoto  to  Mr.  Blaine. 


Kr.  Blaine  to  Sir  J.  Pannoefoto  . 


Sir  J.  Pannnefoto  to  Mr.  Blaine. 


Same  to  same  ■ 


Mr. Blaine  to  Sir  J. Pannoefoto. 


Same  to  sama . 


Sametoaame 

Sir  J.  Pannoefoto  to  Mr.  Blaine 


1892. 
Feb.    4 


Feb.    6 


Feb.     6 


Feb.     8 


Feb.    9 


ah.  11 


Feb.   12 


Feb.  13 


Feb.  19 


Feb.  24 


Feb.  26 


Feb.  27 


Statos  that  ooramisiiioneiRhavd  been  appointed  to 
inTeBti^ate  and  report,  conjointly  witb  British 
comniUsioncrH,  npun  facta  relative  to  pre«erva. 
tion  of  H«al  life  ;  will  be  roiwly  to  confer  inform- 
Blly  with  British  ouUeagues  at  their  conven- 
ience. 

jnoto  of  February  4  acknowledged.  States  that 
Sir  Ba<lan-Powell  and  Prof.  Dawson  liave  been 
appointed  comniissioners  in  the  matter  of  the 
preservation  of  seal  life  and  triiatH  thai  ar- 
rangenientii  will  be  made  at  once  for  tlie  meet- 
iof!  of  t!',n  nominission  on  Monday,  8th  instant. 

RoKrets  tbat  tiie  British  coiumiSHioners  are  men 
who  have  already  pablicly  expressed  an  opinion 
as  to  the  mei  itx  of  the  question,  but  hopes  this 
will  not  prevent  a  fair  and  impartial  invcstiita. 
tion.  Supposed  that  before  this  the  arbitration 
convention  wonld  be  signed  and  thns  have  en- 
abled the  commissioners  U>  proceed  oOiclally  to 
a  discliargo  of  their  duties,  but  as  it  became 
necessary  to  await  approval  of  the  draft  of  the 
instrument  has  interpost^  no  objection  to  pre- 
liminary conferences. 

Deprecates  the  intimation  that  the  British  com- 
missioners may  be  l)iBsed  by  previous  public 
expressions  of  opinion;  presents  the  defense  of 
both  of  t'iieni;  remarks  that  the  same  observa- 
tion might  b)  urged  in  the  case  of  the  American 
comniisi!ioners,  and  expresses  satisfaction  that 
the  course  adopted  is  in  accord  with  that  siig. 
gested  bv  biin  in  tlie  note  dated  April  29,  1890. 

The  British  comniissionerg  wishing  to  postpime 
joint  cont'erences  until  arbitr;ttion  convention 
shall  have  been  signeil,  the  United  States  com- 
missioners have  been  instmoted  to  make  known 
their  readiness  to  proceed  witliout  further  delay, 
the  United  States  Government  regarding  tlie 
convention  as  Hubstautially  agreed  upon. 

Acknowledges  above ;  makes  mention  of  two  pre- 
liminary conTerences,  and  savs  the  British  com- 
missioners hopo  to  arrange  for  the  formal  open- 
ing of  their  session. 

Refusal  to  discuss  modu«  vivendi  by  the  British 
nommissioners ;  tlie  value  of  the  work  of  the 
commission  will  be  diminished  thereby. 
What  is  the  scope  of  the  duties  of  th j  Priti'h 
commissiouerel 

He  is  awaiting  instructions  of  Lord  Salisbury,  to 
whom  the  draft  of  arbitration  convention  in- 
closed in  the  note  of  February  4  has  l>een  for- 
warded. 

No  opinion  can  be  expressed  by  the  British  Gov- 
ernuient  as  to  the  mod^(«vi««»((i  question  raised. 
in  the  interview  of  the  2d  instant,  until  they 
know  what  is  proposed. 

Urges  the  necessity  oramod«*»ii.'endi;  the  terms 
aliunid  l>e  similar  to  those  of  last  year,  butliettor 
executed;  asks  that  the  contents  of  this  note  be 
tiansmitted  by  telegraph,  evi'ry  day  of  delay 
Involving  great  trouble  to  both  Gorernments. 

Sealing  schoouiers  are  reported  by  United  States 
consul  at  Victoria  to  have  cleared  to  the  num- 
ber of  forty -six  with  six  or  seven  more  to  go,  as 
against  thirty  same  dato  last  year. 

The  need  of  ainagreement  will  soon  be  over  if  it 
is  not  arrived  at  soon. 

Fixes  the  29th  as  the  day  on  which  to  sign  the 
treaty  of  arbitration. 

Keply  to  the  note  of  the  24tli.  Lord  Sallsbary 
does  not  admit  that  the  delaly  s  have  been  greater 
en  the  part  of  Great  Britain  ;  the  British  coui- 
mlssioners  have  reported  that  there  is  no  danger 
of  a  serious  diminution  of  the  seals,  and  there- 
fore the  necessity  of  a  modui  viiifndi  is  not  ap- 
parent. Still  he  would  not  object  to  the  pro- 
nibition  limited  to  a  zone  not  more  than  30  miles 
•round  the  I'ribyloif  Islands,  provided  the  catch 
on  the  islandit  be  limited  to  3U,000.  The  simile 
of  trees  would  be  more  appropriate  if  applied 
to  grass,  which,  like  the  seals,  will  be  reproduced 
next  year  it  cut  this  year,  pending  the  reaolt  of 
•rbit  ration. 


Ft 


From  and 


J.  Pannoefoto 


Wharton  to 

t'oto. 


KRESPONDE 


From  ai 


Mr.  Pbelps 

Mr.  White  t 

Mr.  Lincoln 

Same  to  Ban 
Same  to  aan 
Same  to  san 


Pi 


n  appointed  to 
f  witb  British 
e  to  prenerva- 
lonfer  inform- 
tlieir  conven- 

,  States  that 
wn  have  been 
matter  of  the 
iiHtH  IhaL  ar- 
I  for  flio  nieet- 
y,  Ml  inslnnt. 
anei'H  are  iiieu 
■e<liin  opinion 
but  hopes  this 
tial  invcstiica- 
;he  arbitration 
thna  have  en- 
ed  officially  to 
as  It  l>ecaine 
e  draft  of  the 
jeotion  topre- 

»  British  oom- 
•evious  public 
the  defense  of 
Bamo  observa- 
the  American 
tisfuction  that 
rith  that  sng- 
Lpril  20,  1890. 
g  to  postpone 
)D  convention 
id  States  ooDi- 
rmmki' known 
.further  delay, 
regarilini;  tlie 
)d  upon, 
ion  of  two  pre- 
e  Britiah  com- 
e  formal  open- 

tiy  the  British 
work  (if  the 
led  tlier^by. 
of  thj  Priti-  h 

.  Salisbury,  to 

invention  In- 

lias  lieen  for- 

9  British  Gov- 
iicstioii  riilsed. 
.nt,  until  they 

di ;  the  terms 
ear,  but  lietter 
of  this  note  be 
day  of  dttlay 
orernments. 
United  States 
'd  to  tlie  uuro- 
mure  to  go,  as 
r. 
n  be  over  if  it 

ih  to  sifni  the 

ord  Sallsbnry 
n  bf>en  Krenter 
B  British  coui- 
rn  in  lui  danger 
lis,  and  there- 
tndi  is  not  ap- 
K't  to  the  pro- 
D  than  30  miles 
ided  the  oatch 
I.  Tbo  simile 
late  if  applied 
liiireprod»c<'d 
g  the  result  of 


BERING   SEA. 
LISTS  OP  PAPERS— Continued. 


15 


From  and  to  who;a. 


J.Pannoefote  toHr.  BUtne .. 


Wharton  to  Sir  J.  Pannce- 

fote. 


Date. 


1X92. 
Mar.    7 


Mar.    8 


Snbjeot. 


Presents  argnments  in  support  of  Lord  Sallsbnry 's 
refusal  to  aocedo  to  another  modm  vivendi;  llie 
drst  was  agreed  to  (as  per  note  of  June  6.  1801) 
under  si  ipniation  that  the  measure  could  not 
be  repeated;  there  is  no  apparent  danger  to 
the  seal  xprcins ;  the  zone  proposed  is  more  ex- 
tensive than  that  mention<Hl  by  Mr.  Blaine  un 
March  16,  1891 ;  the  anticipation  of  conflicts, 
considered  In  the  note  of  M».v  4  1891,  has  licen 
met  by  the  proiiHiunn  of  the  lleriiig  Sea  act  of 
Parliament  and  order  in  council. 

The  I'l-esident  regrets  that  Great  Britain  sboiild 
de<dine  to  agree  to  an  etl'eotive  mode  of  protect- 
ing a  propert.y  the  title  to  which  Is  belli!:  niib- 
mittea  to  arbitration,  a  course  demanded  by 
common  equity.  The  Niniile  of  grase  cutting 
refiit>ed.  If  Great  Britain  declines,  a'  shown 
by  quotations  froniprevioos  correspncdence,  to 
assume  responsibility  for  acts  of  her  siilijeots 
she  should  restrain  the  same  from  committing 
such  acts.  I'he  prohibition  of  xeal  killing  waa  a 
matter  of  coinily  before  arbitration  was  agreed 
upon ;  it  is  now  a  matter  of  obligation.  The 
killing  under  the  restrictions  of  last  year  was 
four  tiroes  that  made  on  land,  it  would  become 
enormonsin  the  absence  of  any  restriction.  The 
impracticability  of  a  30-iuilu  zone,  now  pro- 
posed by  Lord  Salisbury,  was  pointed  out  by 
himself  when  the  proposal  came  from  this  Gov- 
ernment. The  United  Stales  can  not  be  ex- 
pected to  forego  protecting  its  property  while 
the  arbitration  is  proceeding. 


Vage. 


00 


KRESPONDEKCB  WITH  THE  LEGATION  OF  THE  UNITED  STATES  AT  LONDON. 


From  and  to  whom. 


Mr.  Phelps  to  Mr.  Bayard  . 


Mr.  White  to  Mr.  Blaine. . 


Date. 


1888. 
Sept.  12 


1889. 
Dec.     4 


IKOl. 


Mr.  Lincoln  to  Mr.  Blaine ...   Jan.  24 


I  Same  to  same. 

Same  to  same. 

\  Same  to  same. 


June    6 


June  10 

1802. 
Jan.     6 


Sub,ject. 


Great  Britain  will  not  enter  into  any  convention 
for  the  protection  of  the  seal  fisheries  without 
the  eoucuTience  of  Canada,  which  can  net  be 
expected.  Hecommends  that  strong  measures 
be  taken  to  prevent  the  wholesale  slaughter  of 
seals. 

Letter  of  Sir  George  Baden-Powdll  to  the  London 
Timet  with  regard  to  the  Bering  Sea  (jueation, 
and  a  letter  of  Mr.  Flower,  commenting  thereon, 
in  the  same  paper,  transmitted. 

Question  in  the  Uonso  of  Commons  relating  to 
the  status  of  the  Bering  Sea  fisheries  ques- 
tion, and  reply  given  by  Sir  J.  Ferguson,  trans- 
mitted. 

Debate  on  the  seal-fishery  bill  in  the  House  of 
Commons,  transmitted.  The  bill  was  read  in 
the  House  of  Lords  without  debata 

Delmte  in  the  House  of  Lords  after  passage  of 
the  bUL 

Speech  of  Sir  George  Baden-Powell  tojliis  constitu- 
ents relative  to  the  Bering  Sea  qnnstion,  on 
Jan.  5, 1892,  transmitted. 


Page. 
93 

95 

97 

08 

99 

101 


t-1 

The  die 
een  care 
of  the  di 
Mimeuts 
low  quite 
ng's  Sea 
ition  in  e 

izure  of 
terests  OJ 
ight  for 

not  otbe 

vatioD  ol 
i  deservii 
fers  upon 
ower  ecu 

claim  of 
y  other  i 
nt  which 
Alexand< 
aching  w 
ig  to  Kusi 
he  Bassi 
3sed  any  i 
e  act  of  i 

limit  of 
I.  But  it 
ty  and  fc 
mt  can  b< 
e  asurpAl 
Lional  la^n 
it  Goven 
n  not  coi 
as  agains 
)n  it  did 
Governm 

Govemi 
ID,  has  e'v 
ntion  is,  1 
eat  Britj 
)  I)retensJ 
t  ban  cat( 

1.  Ex.  a 


COBRESPONDENOE. 


Loti  Salisbury  to  Sir  Julian  Fauncefote. 

.]  FoBBiGN  Office,  February  21, 1891. 

The  dispatch  of  Mr.  Blaine,  under  date  of  the  17th  December, 
eeii  carefully  considered  by  Her  Majesty's  Government.  The 
of  the  discussion  which  has  been  carried  on  between  the  two 

nmeuts  has  been  materially  to  narrow  the  area  of  controversy. 

ow  quite  clear  that  the  advisers  of  the  President  do  not  claim 
Dg's  Sea  as  a  mare  clausum,  and  indeed  that  they  repudiate  that 

tion  in  exi^ress  terms.  Nor  do  tbe.y  rely,  as  a  justification  for 
eizure  of  British  ships  in  the  open  sea,  upon  the  contention  that 
terests  of  the  seal  fisheries  give  to  the  United  States  Government 
ight  for  that  purpose  which,  according  to  international  law,  it 

not  otherwise  possess.    Whatever  importance  they  attach  to  the 

vation  of  the  fur-seal  species— and  they  justly  look  on  it  as  an 

deserving  the  most  serious  solicitude — they  do  not  conceive  that 
fers  upon  any  maritime  power  rights  over  the  open  ocean  which 
)ower  could  not  assert  on  other  grounds. 

» claim  of  the  United  States  to  prevent  the  exercise  of  the  seal  flsh- 
y  other  nations  in  Behriug  Sea  rests  now  exclusively  upon  the 
8t  which  by  purchase  they  possess  in  a  ukase  issued  by  the  Em- 
Alexander  I,  in  the  year  1821,  which  prohibits  foreign  vessels  from 
aching  within  100  Italian  miles  of  the  coasts  and  islands  then  be- 

g  to  Kussia  in  Behring  Sea.  It  is  not,  as  I  understand,  contended 
he  Russian  Government,  at  the  time  of  the  issue  of  this  ukase, 

sed  any  inherent  right  to  enforce  such  a  prohibition,  or  acquired 

I  act  of  issuing  it  any  claims  over  the  open  sea  beyond  the  terri- 

limit  of  3  miles,  which  they  would  not  otherwise  have  pos- 

.  But  it  is  said  that  this  prohibition,  worthless  in  itself,  acqaired 
ty  and  force  against  the  British  Government  because  that  Gov- 
mt  can  bo  shown  to  have  accepted  its  provisions.  The  nkase  was 
e  usurpation ;  bat  it  is  said  that  it  was  converted  into  a  valid  in- 

ional  law,  as  against  the  British  Government,  by  the  admission 
kt  Government  itself, 
n  not  oouoerned  to  dispute  the  contention  that  an  invalid  claim 
as  against  another  Gh)vernment,  acquire  a  validity  which  in  its  in- 

D  it  did  not  possess,  if  it  is  formally  or  effectively  accepted  by 
Government.    But  the  vital  question  for  decision  is  whether  any 

Government,  and  especially  whether  the  Governmeut  of  Great 
D,  has  ever  accepted  the  claim  put  forward  in  this  ukase.  Our 
ntion  is,  that  not  only  can  it  not  be  shown  that  the  Government 
eat  Britain,  at  any  time  since  1821,  has  admitted  the  soundness 

I)retension  put  forward  by  that  ukase,  but  that  it  can  be  shown 
t  has  categorically  denied  it  on  more  than  one  occasion.    On  the 

S.  Ex.  56 2  W 


18 


BERING   SEA, 


irricLK  1.  I 

not  b«  tr< 

Oeotm,  v'\t 


vf8,  iindvr 

iindersta 
'uded  to 
es  from 
tiinity  of 


On  the  17th  October  in  the  same  year  the  Duke  of  WellingtODj  a 
bassador  at  Yerona,  addressed  to  Count  ll^esselrode  a  note  ooutaini^ 
the  following  words: 


the  coucl 
iug  over 


18th  January,  1822,  four  months  after  the  issue  of  the  ukase,  Lord  L(  <>ii  to  wli 
doiidorry,  then  British  foreign  secretary,  wrote  i '  the  following  terjovvs 
to  Count  Lieven,  the  Kussiau  ambassador  in  Loudon  : 

Upon  tho  Hiibject  of  this  ukase  generally,  and  especially  upon  the  two  main  prii 
pk's  of  claim  laid  down  therein,  viz,  an  exclusive  sovereignty  alleged  to  belong  ts^of  the 
RiisNia  over  the  territories  therein  described,  as  also  the  exclusive  rightof  uavigat 
nnd  trading  within  the  maritime  limits  therein  sot  forth,  His  Britannic  Majesty  m 
be  understood  as  hereby  reserving  all  his  rights,  not  being  prepared  to  admit  t 
the  intercourse  which  is  allowed  on  the  face  of  this  instrument  to  have  hitherto  s 
sisted  on  these  coasts  and  in  those  seas  can  be  deemed  to  be  illicit ;  or  that  the  sli 
of  friendly  powers,  even  supposing  an  unqutililied  sovereignty  was  proved  to  api' 
tain  to  the  Imperial  Crown  in  these  vast  and  very  imperfectly  occupied  territorV 
could,  by  the  acknowledged  law  of  nations,  be  excluded  from  navigating  within     or  of  full 
distance  of  100  Italian  miles,  as  therein  laid  down,  from  the  coast.  imouly  Ci 

III  that  c( 

sea  tbat 

(s  on  to  C( 

include  J 

Objecting,  as  we  do,  to  this  claim  of  exclusive  sovereignty  on  the  part  of  KnsAveu  if  tl] 
I  might  save  myself  the  trouble  of  discussing  the  particiilar  mode  of  its  exercis<' 
set  UtTth  in  this  ukase.  But  we  object  to  the  sovereignty  proposed  to  be  exercii 
under  this  ukase  not  less  than  we  do  to  the  claim  of  it.  fVe  oan  not  admit  the  ri 
of  any  voteer  possessing  the  sovereignty  of  a  country  to  exclude  the  vessels  of  oil  re  reticen 
from  the  seas  on  Us  coasts  to  the  distance  of  100  Italian  nnics.  irived   un 

bo  suflftc 
ition  the 
iut  lam  I 

The  second  ground  on  which  we  object  to  the  ukase  is  that  His  Imperial  Maje  t  the  WOI 
thereby  excludes  from  a  certain  considerable  extent  of  the  open  sea  vessels  of  ot 
nations.    We  contend  that  the  assumption  of  this  power  is  contrary  to  the  lav 
nations;  and  we  can  not  found  a  negotiation  upon  a  paper  in  which  it  is  a^ 

broadly  asserted.     We  contend  that  no  power  whatever  can  exclude  another  from  jive 

use  of  the  open  sua;  a  power  can  exclude  itself  from  the  navigation  of  a  oert  tlsh  uego 

coast,  sea,  etc.,  by  its  own  act  or  engagement,  but  it  can  not  by  right  be  excliii  Uj-u  j„  „ 

by  another.    This  we  consider  as  the  law  of  nations :  and  we  can  not  negotiate  u  .               ~j 

a  paper  in  which  a  right  is  asserted  inconsistent  with  this  principle.  "^  argil ii 

1,  Mr.  Bh 

It  is  evident,  therefore,  that  so  far  as  diplomatic  representation  we  ;iiict  froii 
the  King's  Goverrinent  of  that  date  took  every  step  which  it  was 
their  power  to  take  in  order  to  make  it  clear  to  the  Bnssian  Go» 
ment  tbat  Great  Britain  did  not  accept  the  claim  to  exclude  her  sijlal  truth  1 

jects  for  100  miles'  distance  from  the  coast,  which  had  been  put  forwi  e  that  th( 

in  the  ukase  of  1821.  Qujf  ^f  j 

Mr.  Blaine  does  not  deal  with  these  protests,  which  appear  to  I  pa  it  will 

Majesty's  Goverment  to  be  in  themselves  amply  sufficient  to  decide  t  ignation 

question  whether  Great  Britain  did  or  did  not  acquiesce  in  the  K  e  Ocean  " 

sian  claim  put  forward  by  the  ukase.    He  couflnes  himself  mainly,  lends  upo 

the  dispatch  under  consideration,  to  the  consideration  o*"  the  treat  time.    T 

which  were  subsequently  made  between  Great  Britain  a;ad  Eussia  a  ting  that 

America  and  Russia  in  the  year  1826,  and  especially  of  that  betw(  5  was  8ig 
Russia  and  Great  Britain.    This  treaty,  of  which  the  text  is  priu^orily  ace 


Again,  on  the  28th  November,  1822,  the  Duke  of  Wellington 
dressed  a  note  to  Count  Lieven  containing  the  following  words : 


e  that  iiij 
t  of  the  I 
the 


ehring  S( 
ument   w 


at  the  close  of  Mr.  Blaine's  dispatch,  does  not  contain  a  word  to  sign 
ttie  acquiescence  of  Great  Britain  in  the  claim  recently  put  forward 
Russia  to  control  the  waters  of  the  sea  for  100  miles  from  her  coalibinu  tos 

There  is  no  stipulation  upon  which  this  interpretation  can  be  irapos  incimio  B 
by  any  process  of  construction  whatsoever.    But  there  is  a  provisi 

having  in  our  judgment  a  totally  opposite  tendency^  which  indeed  v  liuiing  th 

intended  to  negative  the  extravagant  claim  that  had  recent.y  been  me  ollows  tin 

on  the  part  of  Russia ;  and  it  is  upon  this  provision  that  the  main  p  tnin  iu  th 

of  Mr.  Blaine's  argument,  as  I  understand  it,  is  founded.    The  sti]  iring  Sea 


)eud  to  th 
dates  frc 


kase,  Lord  L( 
foUowiDg  ter 


BERING   SEA. 


19 


refer  is  contained  in  the  first  article  and  rans  as 


on  to  wbich  I 

ows: 

irritLK  1.  It  is  nKfoiid  that  the  rt^spective  subjects  of  the  high  contrncting  parties 
II  not  be  troiible<l  or  molested  in  any  ])art  of  the  ocean  coninionly  called  the  Pa- 
;  Oeoan,  eitbor  in   unvi(>titiiig  the  siinio,  iu  fishing  therein,  or  in  landing  at  snch 


etwomainpri       ^^ _  

legert  to  belonfj  |y  „(•  (i,e  euast  as  sliiill  not  liavo  been  already  occupied,  in  order  to  trade  with  the 

[ighiof  uavigat  ■         —  ..    .  .      -      — 

»nnic  Majesty  m 

red  to  admit  t 

have  hithertos 

;  or  that  the  si: 

s  proved  to  ap|i 

copied  territor 

igating  within 


vfs,  under  the  restrictions  and  conditions  specified  in  the  following  articles. 

understand  Mr.  Blaine's  argument  to  be  that,  if  Great  Britain  had 
LMided  to  protest  against  the  (jiaitn  of  Kussia  to  exclude  ships  for  100 
es  from  lier  coasts  in  Behring  iSea,  she  would  have  taken  this  oj)- 
tunity  of  doing  so  ;  bub  that,  in  confining  herself  to  stipulations  in 
or  of  full  liberty  of  navigation  and  fishing  in  any  part  of  the  ocean 
imonly  called  the  Pacific  Ocean,  she,  by  implication,  renounced  any 
in  tliat  could  arise  out  of  the  same  set  of  circumstances  in  regard  to 

sea  that  was  not  part  of  the  Pacific  Ocean.  And  then  Mr.  Blaine 
18  on  to  contend  that  the  phrase  ''Pacific  Ocean"  did  not  and  does 
,  include  Behring  Sea. 
thej)art  of  Riis!  Cveu  if  this  latter  contention  were  correct,  I  should  earnestly  demur 
the  conclusion  that  our  inherent  rights  to  free  passage  and  free 
ing  over  a  vast  extent  of  ocean  could  be  efl'ectively  renounced  by 
e  reticence  or  omission.  The  right  is  one  of  which  we  could  not  be 
rived  unless  we  consented  to  abandon  it,  and  that  consent  could 

be  sufficiently  inferred  from  our  negotiators  having  omitted  to 
)tion  the  subject  upon  one  particular  occasion. 
5uf  lam  not  prepared  to  admit  the  justice  of  Mr.  Blaine's  contention 
8  Imperial  Maje  t  the  words  '*  Pacific  Ocean  "  did  not  include  Behring  Sea.  I  be- 
e  that  in  common  parlance,  then  and  now,  Behring  Sea  was  and  is 
t  of  the  Pacific  Ocean ;  and  that  the  latter  words  were  used  iii  order 
;ive  the  fullest  and  widest  scope  possible  to  the  claim  which  the 
tiah  negotiators  were  solemnly  recording  of  a  right  freely  to  navigate 

fish  in  every  part  of  it,  and  throughout  its  entire  extent.  In  proof 
be  argument  that  the  words  »*  Pacific  Ocean  "do  not  include  Behring 
Mr.  Blaine  adduces  a  long  list  of  maps  iu  which  a  designation 
;inct  from  that  of  "Pacific  Ocean"  is  given  Behring  Sea;  either 
ehring  Sea,"  or  "  Sea  of  Kamschatka,"  or  the  "  Sea  of  Anadir."  The 
iiment  will  hardly  have  any  force  unless  it  is  applicable  with 
al  truth  to  all  the  other  oceans  of  the  world.  But  no  one  will  dis- 
e  that  the  Bay  of  Biscay  forms  part  of  the  Atlantic  Ocean,  or  that 

Gulf  of  Lyons  forms  part  of  the  Mediterranean  Sea ;  and  yet  in  most 
)8  it  will  be  found  that  to  those  portions  of  the  larger  sea  a  separate 
ignation  has  been  given.  The  question  whether  by  the  words  '•  Pa- 
Ocean  "  the  negotiators  meant  to  include  or  to  exclude  Behring  Sea 
ends  upon  which  locution  was  esteemed  to  be  the  correct  usage  at 

tinje.  The  date  is  not  a  distant  one,  and  face  is  no  ground  for  sug- 
ting  that  the  usage  has  changed  since  the  Anglo-Russian  treaty  of 
5  was  signed.     The  determination  of  this  point  will  be  most  satis- 

orily  ascertained  by  consulting  the  ordinary  books  of  reference.  I 
)eud  to  this  dispatch  a  list  of  some  thirty  works  of  this  class,  of  vari- 

dates  from  1795  downwards,  and  printed  in  various  countries,  which 


Vellington^  a 
lote  coutaini 


}  of  its  exercis. 
ed  to  be  exerci 
not  admit  the  ri 
he  veaselt  of  ot 


Wellington 
g  words : 


sea  vessels  of  ot 
trary  to  the  lav 

which  it  is  ag 
le  another  from 
ation  of  a  oert 

right  be  exclii 
not  negotiate  u 
le. 

isentation  we 
(vhich  it  was 
inssian  Go>  >' 
xclude  her  s 
een  put  forw 

appear  to 

)nt  to  decide 

esce  in  the  Bi 

nseli  mainly, 

o*'  the  trea 

aad  Russia 

of  that  betW' 

text  is  print 

word  to  sign 

put  forward 


from  her  coa   ibine  to  show  that,  in  customary  parlance,  the  words  "  Pacific  Ocean  " 
'  iidude  Behring  Sea. 

f,  theu,  in  ordinary  language,  the  Pacific  Oceen  is  used  as  a  phrase 
hiding  the  whole  sea  from  Behriug  Straits  to  the  Antarctic  Circle, 


can  be  impos 
is  a  provisi 
hich  indeed  v 


Eit  the  main  p 


ent.y  been  mt   nllows  that  the  Ist  article  of  the  treaty  of  1825  did  secure  to  Great 


tain  in  the  fullest  manner  the  freedom  of  navigation  and  fishing  in 


led.    Thesti    iriug  Sea.    In  that  case  no  inference,  however  indirect  or  circuitous 


20 


BEBINO  SEA. 


can  be  drawn  from  any  omission  in  the  language  of  that  instrament  U 
show  that  Great  Britain  acquiesced  in  the  usurpation  which  the  nkasi 
of  1821  had  attempted.  The  other  documents  which  I  have  qaotec 
sufficiently  establish  that  she  not  only  did  not  acquiesce  in  it,  but  re 
pudiated  it  more  than  once  in  plain  and  unequivocal  terras ;  and  as  th( 
claim  made  by  the  ukase  has  no  strength  or  validity  except  what 
might  derive  from  the  assent  of  any  power  whom  it  might  affect, 
results  that  Russia  has  never  acquired  by  the  ukase  any  right  to  cur 
tail  the  natural  liberty  of  Her  Majesty's  subjects  to  navigate  or  fish  i 
these  seas  anywhere  outside  territorial  waters.  And  what  Russia  dii 
not  herself  possess  she  was  not  able  to  transmit  to  the  United  States 
Her  Majesty's  Government  have,  in  view  of  these  considerations,  ni 
doubt  whatever  that  British  subjects  enjoy  the  same  rights  in  Behriiif 
Sea  which  belong  to  them  in  every  other  [)ortion  of  the  open  ocean  ;  bu 


Theflr 
to  the  fui 
ordinary 
referred 
which  asf 

the  br( 
nvolves 
the  prese 
:o  accede 


of 


Ui 


it  is,  nevertheless,  a  matter  of  sincere  satisfaction  that  the  President  ii 
willing  to  refer  to  arbitration  what  he  conceives  to  be  the  matters  whic! 
have  been  under  discussion  between  the  two  Governments  for  the  last 
four  years.  In  regard  to  the  questions  as  tbey  are  proposed  by  Mr 
Blaine,  I  should  say  that  as  to  the  first  and  second,  no  objection  will  b( 
offered  by  Her  Majesty's  Governmeiit.    They  are  as  follows: 


»?«  tl 


(1)  What  exclusive  Jiiriadiotion  in  tlix  sea  uow  linown  as  the  BohrinK  Sea  and  w 
exclusive  exclusive  ri'jrbts  in  the  seiil  tiHhuries  tliorein  did  Russia  assert  and  exerois* 
prior  and  up  to  the  time  of  the  cession  of  Alaska  to  the  United  StatesT 

(2)  How  far  wore  these  clan.^j  of  jurisdiction  as  to  the  seal  fisheries  recognized  an 
conceded  by  Great  Britain  T 

The  third  question  is  expressed  in  the  following  terms : 

Was  the  body  of  water  now  known  as  the  Behring  Sea  included  in  the  phrase  "  Pa 
oiflo  Ocean  "as  used  in  the  treaty  of  1825  between  Oreat  Britain  and  Russia  am 
what  rights  (if  any)  in  the  Bering  Sea  were  given  or  conceded  to  Great  Britain  b; 
the  said  treaty  T 

Her  Majesty's  Government  would  have  no  objection  to  referring  to 
arbitration  the  first  part  of  that  question,  if  it  should  be  thought  desira 
ble  to  do  so;  but  they  would  give  that  consent  with  the  reservation  tha 
they  do  not  admit  that  the  decision  of  it  can  conclude  the  larger  ques 
tions  which  the  arbitrator  would  have  to  determine.  To  the  latter  pa 
of  No.  3  it  would  be  their  duty  to  take  exception : 

What  rights,  if  any,  in  the  Behring  Sea  were  given  or  conceded  to  GreatBritaiabj 
the  said  treaty  f 

Great  Britain  has  never  suggested  that  any  rights  were  given  to  hei 
or  conceded  to  her  by  the  said  treaty.  All  that  was  done  was  to  recog 
nize  her  natural  right  of  free  navigation  and  Ashing  in  that  as  in  all 
other  parts  of  the  Pacific  Dcean.  Russia  did  not  give  those  rights  to 
Great  Britain,  because  they  were  never  hers  to  give  away. 

(4)  Did  not  all  the  rights  of  Russia  as  to  jurisdiction  and  as  to  the  seal  fisheries 
Behring  Sea  east  of  the  water  boundary  in  the  treaty  between  the  United  State 
and  Russia  of  the  30th  March,  18()7,  pass  unimpaired  to  the  United  States  under  tha 
treaty  t 

This  fourth  question  is  hardly  worth  referring  to  an  arbitrator,  as 
Great  Britain  would  be  prepared  to  accept  it  without  dispute. 
The  fifth  proposed  question  runs  as  follows: 

(5)  What  are  now  the  rights  of  the  United  States  as  to  the  far-seal  fisheries  in  th^ 
waters  of  the  Behring  Sea  oatside  of  the  ordinary  territorial  limits,  whether  sue 
rights  grow  out  of  the  cession  by  Russia  of  any  special  rights  or  jurisdiction  htC 
by  her  in  such  fisheries  or  in  the  waters  of  Behring  Sea,  or  out  of  the  ownership 
the  breeding  islands,  and  the  habits  of  the  seals  in  vesorting  thither  and  rearing  theii 
^oung  thereon,  and  going  out  from  the  islands  for  food,  or  out  of  any  other  tact  oi 
incident  connected  with  the  relation  of  those  seal  tiuheries  to  the  territorial  poww 
sious  of  the  United  States  t 


iirise  m  c. 
lin,  woul( 
ler  Maje 
ion  of  a 
iir  the  eii 
)f  the  sea 


fippearinj 

nitedSt 

There  i 

(rovernmc 

the  refere 

the  persoi 

lat  the  a 

without  w 

Majesty's 

[Jovernnu 

iidjustmei 

ii  matter  ( 

I  have  f 


eave  a  co 
I  ai 


' 


Kamschal 

lani,  John. 
Beering's 

Sea. 
Beering's 
a.]    (Bro 
Kixmschat 
iviimtscha 

lul  south  b; 

lore.  "Coi 
lleering's 

Ion,  1804.) 
Beering's 

III  i  versa!  O 
Kamtchat 
Kamtchat 

>cean. 
Islands  in 

leudium  of 

Stilles  Me 

tiirme.    [1 

.G.  A.     "I 

ISehrinr's 

(lition  1^2 
Beering's 

&.>3.) 


S. 


of 


instrament  U 
ich  the  akasi 

have  qaote( 
in  it,  bat  re 
s;  and  as  th 
Luept  what  i 
i{;bt  affect,  i 

right  to  our 
gate  or  fl^h  it 
at  Russia  di 
rnited  Statea 
ide rations,  n 
its  in  Behritif 
en  ocean ;  bu 
e  President 
matters  whici 
ts  for  the  last 
posed  by  Mr 
jection  will 
ws: 


an  Sea  and  wha   (^j 

liert  and  exercis 

sT 

s  recognized  smi 


the  phrase  "  Pa 
and  Russia  am 
heat  Britain  b; 


up 
Ui 


b. 


o  referring  t( 
lought  desira 
nervation  thai 
e  larger  ques 
he  latter  pan 

GreatBritainb] 

)  given  to  hei 
was  to  recog 
that  as  in  al 

lose  rights 


to 


seal  fisheries  ii 
e  United  State 
tates  under  tba 

arbitrator,  a» 
)Ute. 


I  fisheries  in  th^ 

whether  hucI 
icisdiotion  h»I( 
he  ownership  o 
d  rearing  tlieii 
ny  other  fact  oi 
ntorial  poMW 


BERING  SEA. 


21 


The  first  clause,  "What  are  now  the  rights  of  the  United  States  as 
to  the  fur-seal  fisheries  in  the  waters  of  the  Behring  Sea  outside  of  the 
ordinary  territorial  limits  t"  is  a  question  which  would  be  very  properly 
referred  to  the  decision  of  an  arbitrator.  But  the  subsequent  clause, 
which  assumes  that  such  rights  could  have  grown  out  of  the  ownership 
'  the  breeding  islands,  and  the  habits  of  the  seals  in  resorting  thereto, 
nvolves  an  assumption  as  to  the  prescriptions  of  international  law  at 
the  present  time  to  which  Her  Majesty's  Government  are  not  prepared 
to  accede.  The  sixth  question,  wiiicb  deals  witii  the  issues  that  will 
irise  in  case  the  controversy  should  be  decided  in  favor  of  Great  Brit- 
lin,  would  perhaps  more  fitly  form  the  substance  of  a  separate  reference, 
ler  Majesty's  Government  have  no  objection  to  refer  the  general  ques- 
tion of  a  close  time  to  arbitration,  or  to  ascertain  by  that  means  how 
ar  the  enactment  of  such  a  provision  is  necessary  for  the  preservation 
)f  the  seal  species;  but  any  such  reference  ought  not  to  contain  words 
i|)pearing  to  attribute  special  and  abnormal  rights  in  the  matter  to  the 

nited  States. 

There  is  one  omission  in  these  questions  which  I  have  no  doubt  the 

rovernment  of  the  President  will  be  very  glad  to  repair;  and  that  is 

the  reference  to  the  arbitrator  of  the  question,  what  damages  are  due  to 

the  persons  who  have  been  injured,  in  case  it  shall  be  determined  by  him 

lat  the  action  of  the  United  States  in  seizing  British  vessels  has  been 
without  warrantin  international  law.  Subject  to  these  reservations,  Her 
Majesty's  Government  will  have  great  satisfaction  in  joining  with  the 
(ioverument  of  the  United  States  in  seeking  by  means  of  arbitration  an 
Adjustment  of  the  international  questions  which  have  so  long  formed 
.1  matter  of  controversy  between  the  two  Governments. 

1  have  to  request  that  yon  will  read  this  dispatch  to  Mr.  Blaine,  and 
eave  a  copy  of  it  with  him  should  he  desire  it. 
I  am,  etc., 

SALIS'     :y. 


Appendix. 


(Mal- 


KauBchatka  Sea  is  a  large  branch  of  tbe  Orioutal  or  Nortb  Pacific  Ocean, 
laiii,  John.     "Naval  Gazetteer,"  1795.) 

Heering's  Straits,  which  is  the  passage  from  the  North  Pacific  Ocean  to  the  Arctic 
k'i\. 

Beering's  Island.  An  islandin  tbe  Pacific  Ocean.  [Bthring's  Island  is  in  Behriug's 
)(!i.]    (Brookes,  R.    "  General  Gazetteer,"  IHOii.) 

Kftmschatka.    Bounded  east  and  south  by  Pacific. 

Kiimtsobatka.  Bounded  on  the  north  by  the  country  of  the  Koriacs,  on  the  east 
lul  south  by  tbe  North  Pacific  Ocean,  and  on  the  west  by  the  Sea  of  Okotsk.  (Monte- 
lore.     "Commercial  Dictionary,"  1803.) 

Heering's  Island.  In  the  North  Pacific  Ocean.  ("Geographical  Dictionary,"  Lou- 
ou,  1804.) 

Heerine's  Island.    An  island  in  the  North  Pacific  Ocean.    (CruttwoU,  C.    "New 

111  versa!  Gazetteer,"  1808.) 

Kamtchatka.    River,  which  runs  into  tbe  North  Pacific  Oraan. 

Kamtchatka.  Peninsula,  bounded  on  the  east  and  south  by  the  North  Pacific 
Jcean. 

Islands  in  tbe  Eastern  or  Great  Pacific  Ocean  :  Bohring's  Islti.  (Mangnall,  R.  Com- 
lendinm  of  Geography,"  181,5.) 

Stilles  Meer.    Vom  5  niirdl.  Br.  an  bJH  ziir  Beringsstrasse   aufwiirts  stets  heftige 

tiirme.    [Behring's  Strait  is  at  the  northern  extremity  of  Behriug's  Sea.]     (Galletti, 

A.     "Qeographisohes  Worterbuci.,"  Pe&th,  lH*i.) 


iiebring's  Island.    An  island  in  the  North  Pacilic  Ocean.    ("Edinburg  Gazetteer," 
(lition  182a,  vol.  l,p.432.) 
Heering's  Island.     In  the  North  Pacific  Ocean.     ("General  Gazetteer,"  London, 

m.) 

s.  Ex.  s — US 


22 


BERING  SEA. 


(AnowHiiiith.    "Oram- 


Berhlng's  Wand.    In  the  Pacino.    ("  New  London  UniverBnl  Gazetteer,"  1826.) 

Met  Pacificine.  II  s'dteiid  dn  nord  an  Hud  dcpiiis  le  Cercle  Polaire  Arct.iqiio,  o'e«t- 
&-dire,  depiiiH  le  Detroit  de  Bidiriiij;,  niii  le  fait  coimiiiuiiqiier  h  l'0c6an  Glacial  Aus- 
tral.    (Uictionnaire  G<'><>»(rniiiii<iuo,  llniversel,  18'i6.) 

Stilles  Moer.  Voin  :!0  Hiitllicher  Hroite  l)iH  ziini  Tj  niirdlicher  fireite  verdient  er 
durcli  «eine  Heiterkeit  und  Stilio  den  nanien  des  Ktillen  Meers;  von  da  an  bis  sua 
BerinKSNtrasHe  ist  m  lieflijcen  .StUniien  nnterworfen.  (8eit/,,  Dr.  J.  C.  GeograpbiHcber- 
StatiHtiHclica  Han<lworterbncb,  HalborHtadt,  l&ii).) 

Beerinn's  Inland.  In  tlie  North  Pacific  Ocean.  ("  Penny  National  Library :  Geog- 
raphy and  Gazetteer,"  18:?().) 

Benring'H  Strait  wMinectH  the  Frozen  Ocean  with  tbe  Pacific 
mar  of  Modern  Geography,"  18:W.) 

The  Anadir  flows  into  the  PaclHc  Ocean. 

The  principal  gulfe  of  AHiatin  KnsHia  are :  the  Gnlf  of  Anadir,  near  Bebring'H  8traif ; 
the  Seuof  Penjiiia,  and  tbe  (iiilf  of  OI<bolHk,  between  Kanitcbatka  and  tbe  mainland 
of  RnHHia— all  three  in  tbe  Pacific  Ocean. 

L'0c6an  Pacifiqne  Bor<i»l  B'6tend  depiiinle  D(^troit  de  Bebriug  jiisqu'an  tropinne  de 
Cancer.  ("Precis  de  la  Odographie  Universelle,"  par  Malte-Briin,  vol. a,  p.  181,  edi- 
tion 1835.) 

Lo  Detroit  de  Behring.  A  commencer  ])ar  ce  d^troit,  le  Grand  0c<5an  (on  Oc^an  Pa- 
cifiqiii")  forme  la  limite  orientale  de  I'AHie.    {Ibid.,  vol.  vm,  p.  4.) 

Behring(l)6t,roitc6lfcbre).  11  joint  TOcdan  Glacial  Arotiqno  an  Grand  0c6an.  (Lan- 
glois.    "  Dictionnaire  di' Gdograpbie."    183a.) 

Tbe  Paeitlo  Ocean.  Uh  boundary-line  in  pretty  well  determined  by  the  adjacent 
continents,  whicbapproaoboneanothertowardH  tbe  north,  and  at  Bering  Strait,  wbioh 
BepnratcB  i.icm,  are  only  abont  3l>  miles  apart.  This  strait  may  beconsidered  as  clos- 
ing the  Pacil'ic  on  the  n'ortb.     ("Penny  Cyclopaxlia."     1840.) 

Behring  (Detroit  de)  A  I'extr^init^  nord-ent  de  I'Asie,  sdpare  ce  Continent  de 
l'Aui6rique  et  l'Oc6aM  Glacial  Arctique  de  I'Ocean  Paoiflque.  ("  Dictionnaire  Uuiver- 
sel  d'Histoire  et  de  G<5ograpbie,"  par  M.  N.  Bouillet.     Paris,  1845J.) 

Bebring  (Mer  de),  partiede  I'Ocdan  Pacifiqne. 

Behring  (Detroit  de).  Canal  de  l'oc6au  »  •  •  unissantles  eaux  del'Oc^an  Pa- 
cifiqne A  celles de  rOcdan  Arctique.  ("Dictionnaire  Gdographique  et  Statistique," 
par  Adrien  Guibert.     Paris,  185U. ) 

Pacific  Ocean.  Between  longitnde  70°  west  and  110°  east,  that  is  for  a  space  of 
over  180° — it  covers  the  greater  part  of  tbe  earth's  surface,  from  Berings  Straits  to 
the  Polar  Circle,  that  separates  it  from  the  Antarctic  Ocean.  ("TlieNew  American 
Cyclopwdia,"  edited  by  George  Kipley  and  Charles  A.  Dana.    New  York,  1851). 

Bebring  (Detroit  de).  Canal  du  Grand  Oc6au  unissant  leseanx  de  I'Ocdan  Paoiflque 
&  celles  de  I'Ocdau  Glacial  Arctique.  ("Grand  Dictionnaire  de  Gdographie  Uni  ver- 
8elle,"par  M.  Bescherelle  Aln<5.    4  vols.    IS^xt.) 

Behrings'  Sea,  sometimes  called  the  Sea  of  Kamtchatka,  is  that  portion  of  the  North 
Pacific  Ocean  lying  between  the  Aleutian  Islands  and  Bcbrings'  Strait.  ("  Imperial 
Gazetteer,"  1855.) 

Behring's  Island.  An  islandin  the  North  Pacific  Ocean.  (Fullarton's  "Gazetteer  of 
the  World,"  1856.) 

Bebring's  Strait,  which  connects  the  Pacific  with  the  Arctic  Ocean,  is  formed  by  the 
approach  of  the  Continents  of  America  and  Asia.  ("  C  vclopmdia  of  Geography,"  by 
Charles  Knight,  18.56.) 

Pacific  Ocean.  Its  extreme  southern  limit  is  the  Antarctic  Circle,  from  which  it 
stretches  northward  through  132  degreesof  hititude  to  Behrings' Strait,  which  sepa- 
rates it  from  the  Arctic  Ocean.  (McCullocb's  "  Geographical  Dictionary,"  edited  by  F. 
Martin,  1866.) 

Behring  (Detroit  de).  Canal  on  bras  de  mer  unissau  les  eaux  de  I'0c6an  Glacial 
Arctique  A  celles  de  l'Oc(^au  Pacifique.  ("  Grand  Dictionnaire  Universel,"  par  M. 
Pierre  Labousse.    Paris,  1867.) 

Behrings'  Strait.  The  narrow  sea  between  the  northeast  part  of  Asia  and  the  north- 
west part  of  North  America,  connecting  the  North  Pacific  with  the  Arctic  Ocean. 
(Encyclopajdia  Britannica."    1875.) 

Bering  (Detroit  de.)  Passage  qui  unit  I'Ocdan  Glacial  Arctique  an  Grand  Oc6an. 
(St.  Martin,   "  Nonvean  Dictionnaire  de  G6ographie  Un^verselle,"  Paris,  1879.) 

Behring  Sea,  or  Sea  of  Kamchatka,  is  that  part  of  the  North  Pacific  Ocean  between 
the  Aleutian  Islands  in  latitude  .5.5°  north  and  Bering  Strait  in  latitude  66°  north,  by 
which  latter  it  communicates  with  the  Arctic  Ocean.  (Lippincott's  "  Gazetteer  o 
the  World,"  Philadelphia,  1880). 

Behring,  or  Bhering.  A  strait,  sea,  island,  and  bay,  North  Pacifio  Ocean.  (Bryce 
and  Johnston,  "  Cycloj)a!dia  of  Geography."    London  and  Glasgow,  '880.) 

Bering's  Meer.  Der  jordostlicbste  Teil  des Stillen  Ocean's.  (Brockhaus'  "Conver- 
sations Lexicon."    Leipzig,  1882.) 

Beringsstrasse.  Meerenge  das  nordostlicbste  Eismeer  mit  dem  Stillen  Ocean  ver- 
biudend.    (Bitter's  "  Geographisch-Statistiscb  Lexicon."    Leipzig,  1883.) 


teer,"  1826.) 
Arotiqiie,  o'eat- 
m  Ulacial  Aus- 

ite  venlieut  er 
II  da  un  bia  sun 
leogrni'.biHcher- 

Library:  Oeof^- 

iiiiith.   "Qrani- 


(•hring'H  Strait; 
A  the  inninlaiul 

'au  tro|iiqiie  d« 
•1.2,  p.  181,  edl- 

1  (ou  Oc6an  Pa- 

,  Oc6ttn.    (Lan- 

y  th«  ailjiicent 
ig  Strait,  which 
laldured  as  clos- 

)  Cuiitinunt  d« 
onuaire  Uuiver- 

:  de  I'Oc^ati  Pa- 
nt Statistique," 

)  for  a  space  of 
rings  Straits  to 
New  American 
rk,  1851). 
Dc<$an  Paciflquo 
;iaphieUniver- 

on  of  the  North 
t.     ("Imperial 

a "  Gazetteer  of 

s  formed  by  the 
Geography,"  by 

from  which  it 
lit,  which  sepa- 
y,"  edited  by  F. 

.'Oc6an  Glacial 
versel,"  par  M. 

kand  thenorth- 
I  Arctic  Ooeau. 

I  Grand  Oc6an. 
:i8,  1879.) 
Ocean  between 
le  66°  north,  by 
"  Gazetteer  o 

Ocean.    (Bryce 

D.) 
haus'  "Conver- 

llen  Ocean  ver- 
183.) 


BERENO  SEA. 


23 


nohring's  Sea.  Northeaat  part  of  the  Paoiflo  between  Asia  and  America.  ("  Pocket 
KiicyolupiiMlia."    Sampson  Low,  18H8. ) 

lieliring  Strait  ooDueots  the  Pacitic  with  the  Arctic  Ocean.  (Chunibur's  "Eiicycio- 
pu'dift."    1888.) 

Hohring  Sea.    A  part  of  the  Pacific  Ocean,  coniinonly  known  as  the  Sea  of  Kamchatka. 

Heliring's  Strait,  connecting  the  North  I'acilic  with  the  Arctic  Ocean.  (HIackie's 
"  Modern  Cyclopiedia."    1889  edition.) 

Hchring's  Sea,  souietimos  called  the  himv  of  Kuincliatka,  is  that  portion  of  the  North 
Pacific  Ocean  lying  between  the  Aleutian  Islands  and  Uuhring's  Straits. 


In  support  of  his  argument  that  tlu^  term  "  Pacific  Ocean  "  was  not  understood  at 
the  time  as  including  Behring  Sea,  Mr.  Bluinu  Inis  (inotcd  a  note  which,  it  ajipears, 
was  presented  by  the  Russian  minister  at  Washington  after  the  ratification  of  tiio 
treaty  of  the  5th  (17th)  April,  1824,  between  the  United  Status  and  KuHsia. 

In  this  note  Baron  Tuyl  stated  that  "  the  Alentiiiu  Islands,  the  coiiKts  of  Siberia, 
and  the  Kussiau  possessions  in  general  on  the  northwest  coast  of  Ani'riea  to  59*^  :)0' 
of  north  latitude  were  positively  excepted  I'rou)  the  liberty  of  hunting,  tishing,  and 
uouimerce  stipulated  in  favor  of  United  States'  eitizeus  for  ten  yeart."  The  rights 
alluded  to  could  not  be  those  contained  in  the  first  article  of  the  treaty,  which  is  nn- 
liuiited  in  duration,  but  those  of  frequenting  the  interior  f  m.  h.iiuors,  and  creeks 
conferred  by  Article  IV. 

Baron  Tuyl  grounded  this  construction  of  the  treaty  on  the  .irgumeut  that  "  the 
coasts  of  Siberia  are  washed  by  the  Sea  of  Okhotsk,  the  Sea  of  Kainsclmtka,  and  the 
Icy  Sea.  nd  not  by  the  South  .Sea  mentioned  in  the  flr.st  article  of  the  convention," 
and  till)  "  the  Aleutian  Islands  were  also  washed  by  the  Sea  of  Kanischatka  or 
Niirthei  a  Ocean." 

He  added  that  "  it  was  not  the  intention  of  Itnssia  to  impede  the  free  navigation 
of  the  Pacific  Ocean,  and  that  she  would  be  satisfied  with  causing  to  be  rtxognizcd, 
lis  well  understood  and  placed  beyond  all  manner  of  doubt,  the  principlti  that  be- 
yond 59°  30'  DO  vessel  could  ap]>roach  her  coasts  and  isliinds,  nor  fish  or  hnnf  within 
the  distance  of  two  marine  leagues."* 

Mr.  Adams,  on  being  shown  the  draft  of  the  note,  stated  to  Baron  Tuyl  that,  if  it 
were  presented,  he  should  return  an  answer  to  the  eli'ect  that  "the  construction  of 
treaties  depending  here  npon  the  judiciary  tribunnls,  the  executive  Government,  even 
if  disposed  to  acquiesce  in  that  of  the  Kussian  Government,  as  announced  by  him 
(liaron  Tuyl),  could  not  be  [Tuiake  it]  binding  uiion  the  courts  or  upon  this  niition." 
He  went  on  to  say  that  it  would  be  much  lietter  not  to  present  the  note,  as  the 
United  States  merchants  would  not  go  to  trouble  tlie  Knssiniis  on  the  coast  of  Siberia 
or  north  of  the  fifty-seventh  degree  of  latitude,  and  it  was  wisest  not  to  put  such  fan- 
cies into  their  heads. 

The  incident,  therefore,  shows  nothing  material  to  the  present  issue,  except  that 
the  Russian  minister  attempted  in  a  note,  which  has  hitherto  been  kept  secret,  to 
argue  that  Behring  Sea  was  not  a  part  of  the  South  Sea  (a  term  which  is  not  em- 
jiloyed  in  the  British  treaty),  and  that  Mr.  Adams  stated  that,  even  if  the  United 
Stales  Government  were  disposed  to  acquiesce  in  this  view,  they  could  not  bind  the 
nation  or  the  courts  to  a. 

On  the  other  hand,  th<4  Regulations  of  1881,  under  which  the  American  schooners 
Eliza  and  Henrietta  were  seized  by  the  Russian  authorities,  are  headed — 

"Notice  of  order  relative  to  commerce  ou  Russian  Pacific  coast;  " 

"Without  a  special  permit  or  license  from  the  governor-general  of  Eastern  Siberia 
foreign  vessels  are  not  allowed  to  carry  on  trading,  hunting,  fishing,  etc.,  on  the  Rus- 
sian coasts  or  islands  in  the  Okhotsk  and  Behring  seas,  or  on  the  northeastern  coast 
of  Asia,  or  within  their  sea-boundary  line." 

(Memorandum  in  Mr.  Lothrop's  dispatch  to  Mr.  Bayard  of  the  7th  March,  1882.  Ex. 
Doc.  No.  lOti,  Fiftieth  Congress,  second  session,  p.  271.) 

M.  do  Giers,  in  his  subsequent  note  of  the  8th  May,  1882,  speaks  of  these  regulations 
is  "  a  notice  published  by  our  consul  at  Yokohama  relative  to  fishing,  luintiug,  and  to 
trade  in  the  Russian  waters  of  the  Pacific."    {Ibid.,  p.  2<)2.) 

Mr,  Frelinghuysen  also  speaks  of  the  matter  as  "  touching  the  Pacific  coast  fisher- 
ies."   (iWd.,  p.258.) 


*It  (Iocs  uot  appear,  however,  that  the  proponed  limit  of  two  leagneH  was  observed  or  enforoed,  for 
in  1808  the  Runsion  minister  lor  foreign  affairs,  explaining  tlie  treatment  of  the  Aniurioan  sealer 
Java  in  the  Sea  of  Okhotsk,  writes: 

"ConslderinK  that  foreiRU  sealers  are  forbidden  liy  tlie  laws  iu  force  to  fish  in  tlie  Kuasiun  giiifM  and 
baya  at  a  distance  leas  than  3  milet.  .rem  the  shore.'*  (Mr.  WeitmaDQ  to  Hr.  Clay,  Slst  July,  lUOii,  Bx. 
Uoo.  Na  100,  Fiftieth  ConKreas,  second  session,  p.  253.) 


24 


BERIN«    SEA. 


Mr.  Blaine  to  Sir  Julian  Pauncefote. 


Department  of  State, 
Washington,  April  14, 1891. 

Sir:  The  modifications  which  Lord  Salisbury  suggests  in  the  ques- 
tiousf'or  arbitration  do  not  wholly  meet  the  views  of  the  President;  but 
the  President  changes  the  text  of  the  third  and  fifth  in  such  manner, 
it  is  hoped,  as  will  rcbult  in  an  agreement  between  the  two  govern- 
ments. While  Lord  Salisbury  suggests  a  difl'erent  mode  of  procedure 
from  that  embodied  in  the  sixth  question,  the  President  does  not  under- 
stand him  actually  to  object  to  the  question,  and  he  therefore  assumes 
that  it  is  agreed  to. 

The  six  questions  as  now  proposed  by  the  President  are  as  follows: 

First.  What  exclusive  jurisdiction  in  the  sea  now  known  as  the 
Behring  Sea,  and  what  exclusive  rights  in  the  seal  fisheries  therein,  did 
Kussia  assert  and  exercise  prior  uud  up  to  the  time  of  the  cession  of 
Alaska  to  the  United  States? 

Second.  How  far  were  these  claims  of  jurisdiction  as  to  the  seal  fish- 
eries recognized  and  conceded  by  Great  Btitain? 

Third.  Was  the  body  of  water  now  known  as  the  Behring  Sea  in- 
cluded ir  t-he  phrase  "  Pacific  Ocean,"  as  used  in  the  treaty  of  1825 
between  Great  Britain  and  Hussia;  and  what  rights,  if  any,  ib  the 
Behring  Sea  were  held  and  exclusively  exercised  by  Russia  after  said 
treaty  1 

Fourth.  Did  not  all  the  rights  of  Kussia  as  to  jurisdiction  and  as  to 
the  seal  fisheries  in  Behring  Sea,  east  of  the  water  boundary  described 
in  the  treaty  between  the  United  States  and  Itussia  of  March  30,  18G7, 
passed  uninpaired  to  the  United  States  under  that  treaty  t 

Filth.  Has  the  United  States  any  right,  and.  if  so,  what  right  of  pro- 
tection or  property  In  the  fur  seals  frequenting  the  islands  of  the 
United  States  in  Behring  Sea,  when  such  seals  are  found  outside  the 
ordinary  3mile  limit! 

Sixth.  If  the  determination  of  the  foregoing  questions  shall  leave  the 
subject  in  such  position  that  the  concurrence  of  Great  Britain  is  neces- 
sary in  prescribing  regulafiitnsfortlie  killing  of  the  fur  seal  in  any  part 
of  the  waters  of  Behring  Seti,  then  it  shall  be  further  determined:  First, 
how  far,  if  at  all,  outside  the  ordinary  territorial  limits  it  is  neces- 
sary that  the  Uiiit'?d  States  should  exercise  an  exclusive  jurisdiction, 
in  order  to  protect  the  seal  for  the  time  living  upon  the  islands  of  the 
United  States  and  feeding  therefrom  ?  Secoau,  \>h"*^her  a  closed  sea- 
son (during  which  the  killing  of  seals  in  the  waters  of  Behring  Sea  out- 
side the  ordinary  territorial  limits  shall  be  prohibited)  is  necessary  to 
save  the  seal-fishing  industry,  so  valuable  and  important  to  mankind, 
from  deterioration  or  destruction  ?  And,  if  so,  third,  what  months  or 
parts  of  months  should  be  included  in  sUch  season,  and  over  what  waters 
it  si ould  extend? 

The  President  does  not  object  to  the  additional  question  respecting 
alleged  damages  to  English  ships,  proposed  by  Lord  Salisbury^  if  one 
condition  can  be  added,  namely  :  that  after  the  issues  of  the  arbitration 
are  joined,  if  the  United  States  shall  prevail,  all  the  seals  taken  by 
Canadian  vessels  during  the  period  shall  be  paid  for  at  the  ordinary 
price  for  which  skins  are  sold.  This  seems  to  the  President  to  be  the 
complement  of  Lord  Salisbury's  proposition,  and  he  dou'  ts  not  that  it 
will  secure  his  lordship's  assent. 


ATE, 
14, 1891. 

n  tbe  ques- 
sulont;  but 
}h  manner, 
wo  govern- 
r  procedure 
}  not  nntler- 
)re  assumes 

18  follows : 
[)wn   as  the 
therein,  did 
e  cessiou  of 

be  seal  fish- 
ring  Sea  ifi- 
aty  of  1825 
any,  iij  the 
a  after  said 

on  and  as  to 
ry  described 
■ch  30,  18G7, 

right  of  pro- 

inds  of  the 

outside  the 

all  leave  the 
ain  is  neces- 
in  any  part 
ined:  First, 
it  is  neces- 
urisdiction, 
lands  of  the 
i  closed  sea- 
iug  Sea  out- 
necessary  to 
to  miinkind, 
months  or 
what  waters 


1  respecting 
bnry,  if  one 
e  arbitration 
Is  taken  by 
he  ordinary 
ut  to  be  the 
8  not  that  it 


l^wlio  nw»  any  sncb  metliod  of  fl^hlne  In  contr*- 

-^h  byelaw  shut  b«  liable,  nn  nonviotiou  under  the 

tion  (Scotluiiil)  Act«,  to  a  tinr  not  cNcenliii^  fivo 

»t  ott'nuct*,  anil  nut  I'xcveiliug  tw<<ntv  poiiuilH  Inr 

An  Act  to  amend;  8"bii«'qnent  «ffeno«;   ami  every  net  got,  or  at 

•  ..        JL  in  coutrHvention  of  nuy  snoli  bvelaw   may  u« 

fliifl  tor  •''iyed  or  otborwiHo  iliHiHiHtMl  of  :\n  in  the  sixth  scc- 

pntiouud. 


^ 


58 


Extract  from 

CHAPTER  23.  

^n  Act,  to  ainwdtli-..  Honing  Fishery  (Scotland)  Acta;  <<•  i"' -iVnm.l  in  «»cliWlaw,  niirt  umy  from  time  to  tim 

uml  tor  <.t'..er  imrposcs  rolatiiiK  tlierotr>.  l..v.<liiw  hIihH  1.0  ot  i.n.v  validity  until  it  lm»  l..-«u  ooii 


7.— (1 .)  The  FtBlierjr  Bo»rd  m»y.  by  byplaw  or  byelv 
the  m*!tlindH  nf  flxbine  known  an  brjtm  trawling  and  ( 
Hball  not  be  iiKcd  wilbin  a  line  ilrmii  from  Dimcam 
Caithness,  tii  Kattriiv  I'oint,  in  Aliu:MiTnBliire,  in  any 


f26th  July  1889. J    Slcrttjiry  for  Srotlaml.' 


NORTH  EASTERN    ftlECTION  0 


■y  Board  may.  by  byolaw  or  byelawi,  direct  that 
i«  known  an  beam  trawlinf  and  otter  trawling 
itliin  a  lilie  driwii  rnnii  Dtiucaimby  Hriul,  in 
y  I'oiiit,  in  Almrili-ougliirp,  in  nny  area  or  arras 
oyelaw,  and  iniiy  t'mni  tini«  to  time  make,  ali«r, 
(or  llii-  jiiM'iMMt**  of  thJH  mulion,  but  na  a-ich 
inv  validity  until  it  Iihh  Ih«u  vonflrniud  by  t)ie 
d. 


(2.)  Abt  person  who  naes  any  snch  method  of  fifihine  In  contra- 
vention or  any  snch  byelaw  ahall  be  liable,  on  coi  virtion  under  the 
Snmninrv  Jnrisdiiiion  (Stotland)  Acta,  to  a  lino  not  i'\(:ee<lln;r  fivi) 
Iioiindit  for  tlie  (ir<t  ortcnci',  ami  not  cxreedinj;  (wi'nty  (munilH  tor 
the  Rwoud  or  anv  milmrquenl  oB'enc*;;  and  every  net  sot,  or  at- 
tenijitwl  l«  lie  sot,  in  contravention  of  any  such"  byelaw  may  Ixi 
suizcd  and  doatnived  or  otimrwisu  disposiKl  of  .m  in  tlie  sixth  acc- 
ticn  of  this  Act  meuticmud. 


r  SECTION  OF    SCOTLAND. 


-,.ai;ft>waiaT^ft-'*3H-rtfcai&W' 


mt^^M^^^ 


In  th< 
he  mak( 

It  is  DO 
as  »iare  c/ 

Lord  I 

lie  so  inl 

resting  i 

clausum. 

ship  to  8 

euiphati( 

put  an  e 

current  c 

Lord  g 

written  I 

lie  hHd  b 

seventh  ] 

specially 

the  text t 

HehriugJ 

lingtonol 

the  shore 

In  the  fli 

1S22,  add 

in  dispute 

xian  Vroii 

Ocean,  an 

in  the  seai 

evident  tl 

liiigton  hi 

tween  the 

flie  Behrii 

identical  \ 

iiiff  on  the 

1  regret  tl 

oC  great  ii 

In  Lord 

now  rests 

of  Kiiss 

•solely  on 

liOrd  Salis 

iif*  to  limit 

I'liited  Sti 

to  any  of 

priinient  h, 

ot  proved  i 

Two  or  1 

••pyoiid  th< 

tliiis  far,  to 

other  case  i 

18«t,  only 

«tt'ect  of  wl 

t'n'  3-mile 

control  a  t 

Scotland,  ?, 

ods  of  flsbii 


BERING   SEA. 


25 


In  the  first  paragraph  of  Lord  Salisbury's  dispatch  of  February  21 
he  makes  the  following  declaration : 

It  is  now  quite  clear  that  the  adviserH  of  the  I'residetit  do  not  claim  Behriug  Sea 
as  viare  clausum,  and,  indeed,  that  they  repudiate  that  contention  in  expreits  teriua. 

Lord  Salisbury's  expression  is  put  in  snch  form  as  to  imply  (whether 
he  so  intended  1  know  not)  that  the  United  States  had  hitherto  been 
resting  its  contention  upon  the  fact  that  the  Behring  Sea  was  mare 
clausum.  If  that  was  his  intention  it  would  have  been  well  for  his  lord- 
ship to  specify  wherein  the  United  States  ever  made  the  assertion.  The 
emphatic  denial  in  my  dispatch  of  December  17  last  was  intended  to 
put  an  end  to  the  iteration  of  the  charge  and  to  eliminate  it  from  the 
current  discussion. 

Lord  Salisbury  complains  that  I  did  not  deal  with  certain  protests, 
written  by  Lord  Londonderry  and  the  Duke  of  Wellington  in  1^22,  which 
lie  had  before  quoted.  If  he  will  recur  to  the  twenty-sixth  and  twenty- 
seventh  pages  of  my  dispatch  of  December  17,  he  will  observe  that  I 
specially  dealt  with  these ;  that  1  maintained  and,  I  think,  proved  from 
t  lie  text  that  there  was  not  a  single  word  in  those  protests  referring  to  the 
liehring  Sea,  but  that  they  referred,  in  the  language  of  the  Duke  of  Wel- 
lington of  the  17th  of  October,  1822,  only  to  the  lands  "extending  along 
the  shores  of  the  Pacitic  Ocean  from  latitude  49°  to  latitude  C0°  north." 
Ill  the  first  paragraph  of  Lord  Londonderry's  protest  of  January  18, 
1822,  addressed  to  Count  Lieven,  of  llussia,  he  alluded  to  the  mai.ers 
ill  dispute  as  ^^especially  connected  icith  the  territorial  rights  of  the  Rus- 
xian  Crotcn  on  the  northwest  coast  of  America  bordering  on  the  Pacific 
Ocean,  and  the  commerce  and  navigation  of  His  Imperial  Majesty^s  subjects 
in  the  sea^  adjacent  thereto.''''  From  these  and  other  pertinent  facts  it  is 
evident  that  the  protests  of  Lord  Londonderry  and  the  Dukt^  of  Wel- 
lington had  nothiag  whatever  to  do  with  the  points  now  in  issue  be- 
tween the  American  and  British  Governments  concerning  the  waters  of 
flie  Behring  Sea.  They  both  referred,  in  different  and  substantially 
itlontical  phrases,  to  the  territory  south  of  the  Alaskan  Peninsula  border- 
ing on  the  Pacific  and  geographically  shut  out  from  the  Behring  Sea. 
]  regret  that  my  arguments  on  a  point  which  Lord  Salisbury  considers 
of  great  importance  should  have  escaped  his  lordship's  notice. 

In  Lord  Salisbury's  judgment  the  contention  of  the  United  States 
now  rests  wholly  upon  the  ukase  of  1821  by  the  Emperor  Alexander 
I  of  Russia.  The  United  States  has  at  no  time  rested  its  argument 
solely  on  the  ground  mentioned,  and  this  (ioveninient  regrets  that 
Lord  Salisbury  should  have  so  misapprehended  the  American  i)osition 
as  to  limit  its  basis  of  right  in  Behring  Sea  to  the  ukase  of  1821.  The 
United  States  has,  among  other  grounds,  insisted,  without  recurring 
to  any  of  its  inherited  and  superior  rights  in  Alaska,  that  this  Gov- 
ernment has  as  full  authority  for  going  beyond  the  3-mile  line  i:i  case 
ot  proved  necessity  as  Great  Britiau  possesses. 

Two  or  three  instances  of  the  power  which  Great  Britain  exercises 
beyond  the  3-mile,  line  have  already  been  quoted,  but  have  failed, 
tbiis  far,  to  secure  comment  or  explanation  from  Lord  Salisbury.  An- 
other case  can  be  added  which,  perhaps,  is  still  more  to  the  point.  In 
1H,S<»,  only  two  years  ago,  the  British  Parliament  enacted  a  law,  the 
efl'ect  of  which  is  fully  shown  by  a  map  inclosed  herewith.  Far  outside 
tile  3-miIe  line  the  Parliament  of  Great  Britain  has  attempted  to 
control  a  body  of  water  situated  beyond  the  northeastern  section  of 
Scotland,  ?,7()0  square  miles  in  extent,  and  to  direct  that  certain  meth- 
ods of  fishing  shall  not  be  used  within  that  great  body  of  water  under 


26 


BERING   SEA. 


a  prescribed  penalty.  It  will  be  observed  that  the  inhibition  is  not 
alone  against  British  subjects,  but  against  "any  person."  1  here  quote 
the  pertinent  section  of  the  Parliamentary  act  in  (jnestion : 

7(1)  Tbo  fisl'Mig  board  may,  by  by-law  or  by-laws,  direct  that  the  methods  of 
t'mbin^  known  as  beam  trawling  and  otter  trawliiifr  shall  not  be  used  within  a  line 
drawn  from  Duncansby  Head,  in  Caithness,  to  Rattray  Point,  in  Aberdeenshire,  in 
any  area  or  areas  to  be  deliiied  in  such  by-law,  and  may  from  time  to  time  make,  alter, 
and  revoke  by-lawrt  for  the  purposes  of  this  section,  but  no  such  by-law  shall  be  of 
any  validity  until  it  has  been  confirmed  by  the  secretary  for  Scotland. 

(2)  Any  person  who  uses  any  such  method  of  iishingiu  contravention  of  any  snoli 
by-law  shall  be  liable,  on  conviction  under  the  summary  jurisdiction  (Scotland)  acts, 
to  a  fine  not  exceeding  £r)  for  the  first  ottoiise,  and  hot  exceeding  £20  for  the  second 
or  any  subsequent  oliense,  and  every  net  set,  or  attempted  to  be  set,  in  contravention 
of  any  such  by-law,  may  be  seized  and  destroyed  or  otherwise  disposed  of  as  in  the 
sixth  section  of  this  act  mentioned. 

If  Great  Britain  may  thus  control  an  area  of  2,700  square  miles  of 
ocean  on  the  coast  of  Scotland  why  may  not  the  United  States  pre 
("cribe  a  space  around  the  Pribylotf  Islands  in  which  similar  prohibi 
tions  may  be  enforced  ?    The  following  would  be  the  needed  legislation 
fur  such  a  purpose  by  Congress,  and  it  is  but  a  paraphrase  of  the  act 
of  Parliament: 

The  Fur  Seal  Board  may,  by  by-law  or  by-laws,  direct  that  the  metbods  of  sealing 
known  as  spearing,  or  harpooning,  or  with  firearms,  shall  not  be  nsed  within  a  line 
drawn  from  the  shores  of  the  Priby loft' Islands,  (iO  miles  in  the  Behring  Sea,  and  said 
board  may,  from  time  to  time,  make,  alter,  and  revoke  by-laws  for  the  purpose  of 
Ibis  section  ;  Itut  no  such  by-law  shall  be  of  any  validity  until  it  has  been  confirmed 
by  the  Secretary  of  the  Treasury. 

Second.  Any  person  who  uses  any  such  method  of  sealing  in  contravention  of  sncb 
by-laws  shall  be  liable  on  conviction  to  a  fine  not  exceeding  $100  for  the  first  ofiTenge 
and  not  exc&ding  J.'jOO  for  the  second  or  any  snbsequent  offense,  and  every  spear, 
harpoon,  or  firearm  attempted  to  be  used  in  contravention  of  any  such  by-law  may 
be  seized  and  destroyed  or  otherwise  disposed  of  as  said  fur  seal'board  may  direct. 

It  must  not  escape  observation  that  the  area  of  water  outside  the 
3-mile  line  on  the  coast  of  Scotland,  whose  control  is  assumed  by 
Great  Britain,  is  as  large  as  would  be  found  inside  a  line  drawn  from 
Gape  Cod  to  Portland  harbor,  on  the  New  Englatid  coast. 

Lord  Salisbury  reasserts  his  contention  that  the  words  "  Pacific 
Ocean"  at  the  time  of  the  treaty  between  Russia  and  Great  Britain  did 
include  Behring  Sea.  Undoubtedly  the  Pacific  Ocean  includes  Behring 
Sea  in  the  same  sense  that  the  Atlantic  Ocean  includes  the  Gulf  u 
Mexico,  and  yet  it  would  bo  regarded  as  a  very  inaccurate  statemeutj 
to  say  that  the  Mississippi  River  flows  into  the  Atlantic  Oc^an 
think  Lord  Salisbury  fails  to  reco^'nize  the  common  distinction  betweeii| 
the  "Atlantic  Ocean  "  and  "  the  waters  of  the  Atlantic."  While  tli 
Mexican  Gulf  is  not  u  part  of  the  Atlantic  Ocean,  it  would,  I  am  sure, 
comport  with  general  usage  to  say  that  it  belonged  to  the  waters  of  tlr 
Atlantic,  and,  while  Behiing  Sea  is  not  technically  a  part  of  the  Paciti 
Ocean  it  undoubtedly  belongs  to  the  waters  of  the  Pacific. 

The  English  Channel  would  not  ordinarily  be  understood  as  inciud 
in  the  term  "Atlantic  Ocean."  One  would  not  say  that  Dover  or  Calai 
is  on  the  coast  of  the  Atlantic  Ocean,  and  yet  clearly  the  English  Chan 
nel  belongs  to  the  waters  of  the  Atlantic.  In  point  of  fact,  therefore, 
accordiijg  to  the  usage  of  the  world,  there  is  no  dispute  of  any  conse 
quence  between  the  two  governments  on  the  geographical  point  undei 
consideration.  The  historical  point  is  the  one  at  issue.  The  explan 
tory  note  from  Russia,  tiled  in  the  State  l!)eparttnent  of  this  country 
specially  referred  to  in  Mr.  John  Qiiincy  Adams's  diary  and  quoted  ii 
my  note  of  December  17,  1890,  [)laitily  draws  a  distinction  between  tl:< 
Pacific  Ocean  on  the  one  hand,  and  the  "  Sea  of  Okhotsk,  the  Sea  oi 


BERING   SEA. 


27 


bition  is  not 
1  here  quote 

the  methods  of 
1  within  a  line 
>erdeeiiBhire,  in 
ine  make,  alter, 
-law  shaU  be  of 
I. 

on  of  any  such 
[Scotland)  acts, 
0  for  the  second 
n  contravention 
sed  of  as  in  the 

nare  miles  of 
d  States  pre 
iilar  prohibi 
ed  lep:iRlatiou 
ise  of  the  act 


thods  of  aealing 
od  within  a  line 
ng  Sea,  and  said 
r  the  purpose  of 
)  been  confirmed 

tvention  of  such 
the  first  offense 
nd  every  spear, 
iich  by-law  may 
rd  may  direct, 

outside  the 
assumed  by 
drawn  from 

ords  '•  Pacific 
lat  Britain  did 
udes  Behring 
}  the  Gulf  of 
•ate  statement 
tic  Ocjan. 
ction  betweeu 
,»  While  the 
d,  I  am  sure 
i  waters  of  the 
of  the  Pacilic 
c.  _ 

od  as  includ© 
►over  or  Galaii 
English  Chan 
act,  therefore, 
of  any  conse 
al  poiut  undei 
The  explana 
this  country 
and  quoted  ii 
n  between  tl; 
ik,  the  Sea  o 


Kamchatka  and  the  Icy  Sea"  on  the  other;  and  so  long  as  Eussia 
drew  that  distinction  it  must  aiiply  to,  and  must  absolutely  decide,  all 
the  contentions  between  the  two  countries  as  far  as  the  waters  of  the 
Behring  Sea  are  concerned.  To  discuss  this  point  further  would,  in 
the  opinion  of  the  President,  contribute  nothing  of  value  to  the  general 
contention. 

In  the  opinion  of  the  Presidetit  Lord  Ssilisbury  is  wholly  and  strangely 
in  error  in  making  the  following  statement: 

Nor  do  they  [the  advisers  of  the  President]  rely,  as  a  justification  for  the  seizure 
of  British  ships  in  the  open  sea,  upon  the  contention  that  the  interests  of  the  seat 
lislieries  give  to  the  United  States  Government  any  right  for  that  purpose  which, 
according  to  iuternatioual  law,  it  would  not  otherwise  possess. 

The  Government  of  the  United  States  has  steadily  held  just  the 
reverse  of  the  position  which  Lor  Salisbury  has  imputed  to  it.  It 
holds  that  the  ownership  of  the  ihuii.ds  upon  which  the  seals  breed, 
that  the  habit  of  the  seals  in  regularly  resorting  thither  and  rearing 
tlieir  young  thereon,  tiiat  their  going  out  from  the  islands  in  search  of 
food  and  regularly  returning  thereto,  and  all  the  facts  and  incidents 
of  their  relation  to  the  island,  give  to  the  United  States  a  property  in- 
terest therein  ;  that  this  i)ro|)erty  interest  was  claimed  and  exercised 
by  Kussia  during  the  whole  period  of  its  sovereignty  over  the  land  and 
waters  of  Alaska;  that  England  recognized  this  property  interest  so 
far  as  recognition  is  implied  by  abstaining  from  all  interference  with  it 
(luring  the  whole  period  of  Kussia's  ownership  of  Alaska,  and  during 
the  first  nineteen  years  of  the  sovereignty  of  the  United  States.  It  is 
yet  to  be  determined  whether  the  lawless  intrusion  of  CanSdian  vessels 
ill  1880  and  subsequent  years  has  changed  the  law  and  equity  of  the 
ciise  theretofore  prevailing. 

1  have  the  honor  to  be,  with  the  highest  consideration,  sir,  your  most 
obedient  servant, 

James  G.  Blaine. 


Sir  Julian  Paunce/ote  to  Mr.  Blaine. 

British  Legation, 
Washington,  April  20,  1891. 
Dear  Mr.  Blaine  :  I  informed  Lord  Salisbury,  in  a  private  letter, 
of  your  alternative  suggestion  for  a  modus  vivendi  pending  the  result 
of  the  Behring  Sea  arbitration,  namely,  to  stop  all  sealing  both  at  sea 
nd  on  land.     Lord  Salisbury  seems  to  approve  of  that  alternative,  and 
he  asks  me  whether,  in  case  Her  Majesty's  Government  should  accept 
it,  you  would  prefer  that  the  i)roposal  should  come  from  them.    I  thought 
you  would  like  to  know  Lord  Salisbury's  view  of  your  proposal  as  early 
as  possible,  and  that  must  be  my  excuse  for  troubling  you  with  this  let- 
ter during  your  repose  at  Virginia  Beaeh. 

May  I  ask  you  to  be  so  good  as  to  let  me  know,  as  soon  as  you  con- 
veniently can  do  so,  what  answer  you  would  wish  me  to  return  to  Lord 
Salisbury's  inquiry  I 
Hoping  that  you  have  already  benefited  by  the  change  of  air, 
I  remain,  etc., 

Julian  Pauncefote. 


28 


BERING   SEA. 


Mr,  Blaine  to  Sir  Julian  Pauncefote. 


I 


)!'  a 
t'  an 


Department  op  State, 

Washington,  May  4, 1891. 

Sm:  During  the  month  of  March  last,  a  lew  days  after  the  adjourn 
nieut  of  Congress,  acting  under  the  instructions  of  the  President,  J 
])roposed  to  you  that  a  modus  vivendi  be  agreed  upon  touching  the  seal 
fisheries,  pending  the  result  of  arbitration  of  the  question  at  issue  be- 
tween the  two  Governments.  The  President's  first  proposal,  which  I 
submitted  to  you,  was  that  no  Canadian  sealer  should  be  allowed  to 
come  within  a  certain  number  of  miles  of  the  Pribylofif  Islands. 

It  was,  however,  the  conclusion  of  the  President,  after  reading  Lord 
Salisbury's  dispatch  of  February  21,  that  this  modus  vivendi  might  pos 
sibly  provoke  conflict  in  the  Bering  Sea,  and,  to  avoid  that  result,  he 
instructed  me  to  propose  that  sealing,  both  on  land  and  sea,  should  be 
suspended  by  both  nations  during  the  progress  of  arbitration,  or  dur 
ing  the  season  of  1891.  On  both  occasions  it  was  a  conversational 
exchange  of  views,  the  first  in  my  office  at  the  State  Department,  the 
second  at  my  residence. 

The  President  was  so  desirous  of  a  prompt  response  from  Lord  Salis 
bury  to  his  second  proposition  that  I  ventured  to  suggest  that  you  re 
quest  an  answer  by  cable,  if  practicable.  Especially  was  the  President 
anxious  to  receive  an  answer  (which  he  trusted  would  bo  favorable)  be 
fore  he  set  out  on  his  tour  to  the  Pacific  States.  He  left  Washington 
on  the  night  of  April  13  without  having  heard  a  word  from  your  Gov 
ernment.  It  was  then  a  full  month  after  he  had  instructed  me  to  open 
negotiationa  on  the  question,  and  the  only  probable  inference  was  that 
Lord  Salisbury  would  not  agree  to  his  proposal 

The  silence  of  Lord  Salisbury  implied,  as  seemed  not  improbable, 
that  he  would  not  restrain  the  Canadian  sealers  from  entering  Behring 
Sea,  and,  as  all  intelligence  from  British  Columbia  showed  that  the 
sealers  were  getting  ready  to  sail  in  large  numbers,  the  President  found 
that  he  could  not  with  justice  prevent  the  lessees  from  taking  seals  on 
the  Pribyloflf  Islands.  The  President  therefore  instructed  the  Secretary 
of  the  Treasury,  who  has  official  charge  of  the  subject,  to  issue  to  the 
lessees  the  privilege  of  killing  on  the  Pribyloff  Islands  the  coming  sea- 
son the  maximum  number  of  60,000  seals,  subject,  ho  ,vever,  to  the  abso- 
lute discretion  and  control  of  an  agent  appointed  by  the  Secretary  of  the    V  fur  the 


Treasury  to  limit  the  killing  to  as  small  a  number  as  the  condition  of 
the  herd  might,  in  his  opinion,  demand. 

On  the  22d  of  April,  eight  days  after  the  President  had  left  Wash 
ington,  you  notified  me.  when  I  was  absent  from  the  capital,  that  Lord 
Salisbury  was  ready  to  Hgree  that  all  sealing  should  be  suspended 
pending  the  result  of  arbitration.  On  the  23d  of  April  I  telegraphed 
Lord  Salisbury's  proposition  to  the  President.  He  replied,  April  25, 
expressii.  ^  great  satisfaction  with  Lord  Salisbury's  message,  but  in 
structing  me  to  inform  you  that  '^some  seals  must  be  killed  by  the 
natives  for  food; "  that  "  the  lessees  are  bound,  under  their  lease  from 
the  Government,  to  feed  and  care  for  the  natives,  making  it  necessary 
to  send  a  ship  to  the  Pribyloff  Islands  each  season  at  their  expense; " 
and  that,  for  this  service — a  very  expensive  one — the  **  lessees  should 
find  their  compensation  in  taking  a  moderate  number  of  seals  under  the 
lease."  The  President  expressed  his  belief  that  this  allowance  would 
be  readily  agreed  to  by  Lord  Salisbury,  because  the  necessity  is  abso 
lute. 

You  will  remember  that  when  I  communicated  this  proposition  from 


lie  Presid) 
uree  with 
oiirself  as 
our judgn 
iii.l  and  ii 
topped  on 

TJie  narr 
II  r  clearly 
I)  a  furthei 
lit.    The 
l,v  mainta 

full  posf 

liat  in  del 

When  th 

f.  Paul,  in 

certa 

onero 

Dinpany. 

Under  th 
II  ts  of  the 
r  number 
cr  of  salt  1 
ocretary  c 

Tiie  com] 
it'se  islanc 
)rtable  dM 
lall  keeps 

"he  com^ 
li table  scl 
aitifain  di 
ition  of  tt 
lit  teache 
1  to  the  sti 
The  com 
li^ious  w( 
cians  and 
Tlie  com  I 


liiiuls,  wni 
And  it  is 
Jiio  and  p( 
Mil  native 
And  it  is 
ative  inha 
nliey  are 
i'lisation,  t 
ml,  also, 
1  leasonal 
ote  the  m( 
In  short, 
ire.  of  hei 
le  (iomfort 
>st'(l  upon 
iiNt'.  I  in< 
e  303  pers 
iiole  comii] 


BERING   SEA. 


29 


PATE, 
ly  4,  1891. 
the  adjourn 
President,  i 
ing  the  seal 
at  issue  be- 
sal,  which  I 
)  allowed  to 
nds. 

eadiug  Lord 
{  might  pos 
at  result,  he 
a,  should  be 
tion,  or  dur- 
nversational 
artment,  the 

I  Lord  Salis 
that  you  re 
tie  President 
ivorable)  be 
Washington 
m  your  Gov 
i  nie  to  open 
uce  was  that{ 

improbable, 
ring  Behring 
red  that  the 
sident  found 
ling  seals  on 
,ho  Secretary 
>  issue  to  the 
I  coming  sea- 
,  to  the  abso- 
iretary  of  the 

condition  of 


i  left  Wash- 
il,  that  Lord 
e  suspended 

telegraphed 
ed,  April  25, 
sage,  but  in- 
illed  by  the 
•,ir  lease  from 

it  necessary 
ir  expense;" 
issees  should 
■als  under  the 
wance  would 
isity  is  abso 

)Osition  from 


ho  President  to  you,  on  the  evening  of  Monday,  April  27,  yon  did  not 
jiTiiCt  with  the  President's  suggestion.  On  the  co»'«^rary,  yon  expressed 
ourself  as  confident  that  Lord  Salisbury  would  not  accept  it ;  that  in 
our  judgment,  the  killing  of  seals  must  be  cutoff  absolutely  on  the 
iii.l  and  in  the  water,  and  that  it  could  not  be  stopped  on  either  unless 
opped  on  both. 

The  narrative  of  facts  which  I  have  now  given  (absolutely  necessary 
)v  clearly  understanding  the  position  of  this  Government)  brings  me 
)  a  further  statement,  which  I  am  directed  by  the  Presiclent  to  sub 
lit.  The  President  refuses  to  believe  that  Lord  Salisbury  can  possi- 
,Y  maintain  the  position  you  have  taken  when  his  lordship  is  placed 
full  possession  of  the  facts  which  I  shall  now  submit  to  you,  some- 
liat  in  detail. 

When  the  privilege  of  killing  seals  on  the  islands  of  St.  George  and 
t.  Paul,  in  Behring  Sea,  was  leased  to  the  North  American  Company 
)!'  a  certain  sum  per  skin  to  ue  ]iaid  to  the  Government,  other  duties 
t'  an  onerous,  costly,  and  responsible  character  were  imposed  upon  the 
oinpanj". 
Under  their  lease  the  company  is  obliged  "to  furnish  to  the  inhabit- 
iits  of  the  islands  of  St.  George  and  St.  Paul,  annually,  such  quantity 
number  of  dried  salmon,  and  such  quantity  of  salt,  and  such  unm- 
(>r  of  salt  barrels  for  preserving  their  necessary  supply  of  meat  as  the 
ocretary  of  the  Treasury  shall  from  time  to  time  determine." 
The  company  IS  further  obliged  to  '<  furnish  to  the  inhabitants  of 
lese  islands  80  tons  of  coal  annually,  and  a  suflBcieut  number  of  com- 
)rtable  dwellings  in  which  said  native  inhabitants  may  reside,  and 
lall  keep  such  dwellings  in- proper  repair. 

The  company  is  further  obliged  "  to  provide  and  keep  in  repair  such 
litable  schoolhouses  as  may  be  necessary,  and  shall  establish  and 
aintain  during  eight  months  of  each  year  proper  schools  for  the  edu- 
ition  of  the  children  on  said  islands,  the  same  to  be  taught  by  compe- 
nt  teachers,  who  shall  be  paid  by  the  company  a  fair  compensation ; 
1  to  the  satisfaction  of  the  Secretary  of  the  Treasury." 
The  company  is  further  obliged  "to  maintain  a  suitable  house  for 
lif;i()us  worship,  aud  will  also  provide  a  competent  physician  or  pliy- 
cians  and  necessary  and  proper  medicine  and  medical  supplies." 
The  comjiany  is  still  further  obliged  "to  provide  the  necessaries  of 
for  the  widows  and  orphans,  aged  and  infirm  inhabitants  of  said 
lands,  who  are  unable  to  provide  for  themselves. 
Vnd  it  is  finally  provided  that  "all  the  foregoing  agreements  shall  be 
1)110  and  performed  by  the  cojnpauy  f''"e  of  all  costs  and  charges  to  the 
lid  native  inhabitants  of  said  islarids  or  ''o  the  United  States." 
And  it  is  made  still  further  the  faity  of  the  company  "  to  employ  the 
itive  inhabitants  of  said  islands  to  perform  such  labor  on  the  islands 
•i  they  are  fitted  to  perform,  and  to  i»ay  therefor  a  fair  and  just  com- 
iisation,  such  as  may  be  fixed  by  the  Secretary  of  the  Treasury." 
nd,  also,  the  company  "  agrees  to  contribute,  as  far  as  in  its  power, 
'  reasonable  efforts  to  secure  the  comfort,  health,  education,  and  pru- 
ote  the  morals  and  civilization  of  said  native  inhabitants." 
In  short,  then,  the  means  of  living,  the  facilities  for  education,  the 
in-  of  health,  the  religions  teaching,  the  training  of  the  young,  and 
16  comfort  of  the  old,  in  a  community  of  over  300  persons,  are  all  im- 
isi'd  upon  the  company  a«  its  solemn  duty  by  specific  articles  of  the 
ISO.  I  inclose  you  a  copy  of  the  census  of  1890,  giving  every  name  of 
10  303  persons,  old  and  young,  male  and  female,  who  constitute  the 
liolo  community  of  the  Pribyloff  Islands. 


lo 


30 


BERING   SEA. 


Tlie  duties  tliHH  imposed  upon  the  company  must  be  discliarged  ai 
miaKy  with  punctuality  and  exactness.    Thecorafort,  possibly  the  safetj 
of  all  these  iinman  beings,  peculiarly  helpless  when  left  to  themselve 
is  dependent  upon  the  company  under  the  lease,  and  the  lessees  ai 
]>aid  therefor  by  the  Government  in  the  seal  skins  which  the  compaii 
receives  for  the  seivice.     If  the  company  shall,  as  yon  say  Lord  Salii 
bury  requests,  be  deprived  of  all  privilege  of  taking  seals,  they  certain! 
couid  not  be  coin|)elied  to  minister  to  the  wants  of  these  300  iubabitaii 
for  an  entire  year.     If  these  islanders  are  to  be  left  to  charity,  ti 
North  American  Company  is  under  no  greater  obligation  to  extend 
to  tliem  than  are  other  citizens  of  the  United  States.     It  evidently  ri 
(|uires  a  considerable  sum  ot  money  to  furnish  all  the  supplies  nam 
in  the  lease — supplies  which  nrist  be  carried  4,000  miles  on  a  speciallj 
chartered  steamer.    If  the  lessees  are  not  to  be  allowed  paymeutin  an] 
form  for  the  amount  necessary  tosupport  these  300  people  on  the  island 
they  will  naturally  decline  to  exiMjnd  it.     No  appro])riation  of  mon 
has  been  made  by  Congress  for  the    i)urpose,  and  the  President  <; 
not  leave  these  worthy  and  innocent  people  to  the  hazard  of  starvatioi 
even  to  secure  any  form  of  agreement  with  Lord  Salisbury  touching  so 
life.    Seal  life   may  be  valuable,  but  the  first  duty  of  the  (iovernme 
of  the  United  States  in  this  matter  is  to  protect  human  life. 

Jn  this  exigency  the  President  instructs  me  to  propose  to  Loi 
Salisbury  that  he  concede  to  the  North  American  Company  the  rig 
to  take  a  suthcient  number  of  seals,  and  no  more  than  sutlicient, 
recompense  them  for  their  outlay  in   taking  care  of  the  tiatives  ;  a 
that,  in  the  phrase  of  the  President,  all  '^  commercial  killing  of  seals 
j)rohibited  pending  the  result  of  arbitration."    The  Secretary  of  t 
Treasury  has  the  right  to  fix  the  number  necessary  to  the  end  desiiw 
After  full  consideration,  he  has  limited  the  number  to  7,500  to  be  kill 
by  the  company  to  repay  them  for  the  outlay  demanded  for  the  sii 
port  of  the  300  people  on  the  Pribyloff  Islands.      He  further  directs  tin 
no  females  be  killed,  and  that  thus  the  (n-oductive  capacity  of  the  hei 
shall  not  in  the  slightest  degree  be  impaired. 

This  point  being  fixed  and  agreed  to,  the  proposed  arrangemei 
between  the  two  countries  would  be  as  follows: 

The  Government  of  the  United  States  limits  the  number  of  seals  to 
killed  on  the  islands,  for  purposes  just  describe<l,  to  7,500. 

The  Government  of  the  United  States  guarantees  that  no  seals  sli 
be  killed  in  the  open  waters  of  the  Bering  Sea  by  any  person  on  a 
vessel  sailing  under  the  Ai'  ericau  flag,  or  by  any  American  citia 
sailing  under  any  other  flag. 

The  Government  of  Great  Britain  guarantees  that  no  seals  shall 
killed  in  the  open  waters  of  the  Behring  Sea  by  any  person  on  ai 
vessel  sailing  under  the  British  flag,  and  that  no  British  subject  sli 
engage  in  killing  seals  for  the  time  agreed  upon  on  any  vessel  saili 
under  any  other  flag. 

These  prohibitions  snail  continue  until  the  1st  day  of  May,  IS! 
within  which  time  the  arbitrators  shall  render  final  award  or  awards 
both  Governments. 

These  several  propositions  are  submitted  for  the  consideration  of  Loi 
Salisbury.    The  President  believes  that  they  are  calculated  to  prodm 
a  result  at  once  fair  and  honorable  to  both  Governments,  and  thus  leJ 
to  the  permanent  adjustuieut  of  a  controversy  which  has  already  bi 
left  too  long  at  issue. 
1  have,  etc., 

jAiois  G.  Blaine. 


liscbargcd  ai 
iblythesafetj 
to  themselve.' 
lie  lessees  ai 
.  the  com  pan 
ay  Lonl  Sail 
they  certain! 
UU  iubabitan 
o  charity,  tli 
)n  to  extend 
t  evidently  r 
npiilies  name 
on  a  speciall 
laymentin  an 
on  the  island 
ition  of  mon« 
President  m 
lofstaivatio 
V  toncliiii^si'i 
e  (lOVL'inme 


lite. 
)po8e  to  Loi 
[)any  tbe  rig 
n  suHicient, 
i  natives ;  a 
ling  of  seals 
?cretary  of  tl 
lie  end  desiic 
500  tobeki 
d  for  the  sii 
ler  directs 
jity  of  the 


1  arrangemei 

er  of  seals  to 

)0. 

b  no  seals  sliaBoiisider 

person  on  an 

nerican  citiz^on 

)  seals  shall 
person  on  at 
lb  subject  sill 
y  vessel  sailii 


189 


of  May, 
rd  or  awards 

eration  of  Lo 
ated  to  prod  11 
),  and  thus  Ici 
iS  already  bei 


i  Gt.  Blaine. 


BERING    SEA. 


81 


Sir  Julian  I'unncefotc  to  Mr.  Blaine. 


British  Legation, 

WuHhington,  May  5,  1891. 

Sir:  I  have  tbe  honor  to  acknowledge  tbe  receipt  of  your  note  of 
csterday,  in  which  you  have  formulated  for  the  consideration  of  the 
iliinjuis  of  Salisbury  detailed  proposals  for  amodiis  vivendi  during  the 
pproaching  fishery  season  in  Bebring  Sea  on  tbe  principle  of  a  cessation 
1  .seal  killing,  both  at  sea  and  on  land,  an  arrangement  to  which,  as  I 
1  formed  you  in  my  note  of  the  20tb  ultimo,  his  lordship  was  disposed 
I  give  his  favorable  consideration. 

I  have  forwarded  to  Lord  Salisbury  by  this  day's  mail  a  copy  of  your 
ote,  and  I  have  telegraphed  to  his  lordship  the  precise  terms  of  the 

oposal  with  which  il  concludes. 

I  much  regret  to  find  that  a  misconception  has  arisen  as  regards  your 

mplamtof  delay  on  my  [)art  in  acquainting  Lord  Salisbury  with  second 
Ucriiative  proposal  for  a  cessation  of  seal  killing  at  sea  and  on  land, 
liicli  you  originally  made  to  me  verbally. 

On  that  occasion  you  may  remember  that  1  expressed  some  reluctance 
t  sending  any  further  proposals  to  his  lordship  while  his  dispatch  of 
'\'l)ruary  21  last  (submitting  amendments  on  the  questions  for  arbitra- 
ioii)  remained  unanswered,  and  that  I  suggested  that  it  would  be  more 
iitisfactory  it  this  new  proposal  were  made  concurrently  with  your  re- 
ly to  that  dispatch,  which  I  hoped  to  receive  with  the  least  possible 
day. 

I  understood  you  to  assent  to  that  suggestion,  and  to  say  that  "you 


oiild  proceed  in  that  order." 

If  you  had  informed  me  that  the  President  for  any  reason  desired  that 

Ills  alternative  proposal  should  be  telegraphel  to  Lord  Salisbury,  I 

eed  hardly  say  that  I  should  have  complied  at  once  with  his  wishes. 

tliBiit  1  can  not  call  to  mind  that  tbe  President's  name  was  ever  meu- 

liei   ioiied  at  our  interview,  which  you  correctly  describe  as  "  a  conversa 

ional  exchange  of  views."    Fortunately,  however,  no  appreciable  loss 

f  time  occurred.     I  acquainted  Lord  Salisbury  with  your  alternative 

(loposal  by  the  mail  of  the  7tb  of  April  (a  few  days  only  after  it  was 

iiade)^  and  1  received  a  prompt  answer  by  telegraph,  which  enabled  me 

0  inform  you  by  my  note  of  April  20  that  bis  lordship  was  disposed  to 

the  proposal  favorably. 

At  an  interview  at  your  residence  on  the  23d  of  April  you  expressed 
r  satisfaction  at  Lord  Salisbury's  reply,  and  you  stated  that  before 
aking  any  further  steps  you  desired  to  communicate  by  telegraph  with 
he  President. 

At  a  further  interview  at  your  residence  on  the  27th  you  informed  me 
liatthe  President  desired  that  the  modus  vivendi  should  contaiu  areser- 
atiou  of  tbe  right  to  kill  a  certain  number  of  seals  fo.-  the  support  of  the 
lativesof  thePribyloff  Islands.  At  first  sight  this  reservation  caused 
16  .some  disapiiointment.  It  certainly  appeared  to  me  open  to  excep- 
ioii  as  detracting  from  tbe  principle  of  equality,  which  was  a  feature 
f  the  original  proposal.  But  I  was  more  concerned  at  your  stating 
liat  it  never  was  the  intention  of  the  President  or  of  yourself  that  the 
iodus  vivendi  sQouId  be  put  in  force  until  the  terms  of  arbitration  bad 
eeii  settled. 

Tliis,  1  feared,  would  prevent  tbe  timely  application  of  tbe  modus  vi- 
'endi,  and  I  so  informed  Lord  Salisbury  by  telegram  on  the  same  day. 

I  notice  with  satisfaction  that  no  such  condition  is  affixed  to  your 
>re.sent  proposal,  although  the  reservation  as  to  the  killing  of  a  limited 
lumber  of  seals  on  tbe  islands  is  maintained. 


32 


BERING   SEA. 


I  am  glad  to  think  that  tlicru  is  yet  tiiiui  to  curry  out  for  thin  ilHhoi 
season  any  arrangement  whicli  may  promptly  he.  agreed  to,  and  I  ho 
that  the  above  exi)lanation  may  remove  tlie  impression  you  appear 
hiive  formed  that  there  has  been  any  delay  on  my  part  in  expeditiu 
tlie  consideration  of  the  modtin  vireudi  wliicii  you  iiave  proposed. 
1  have,  etc., 

Julian  Paunoefote. 


Mr.  Adee  to  Sir  Julian  Pauncefote, 

[Peraonal.] 

Department  of  State, 

Washington,  May  20,  1891 

M  Y  Dear  Sib  Julian  :  The  President  is  desirous  to  learn  the  r 

ply  of  Der  Majesty's  Government  to  the  proi)osition  submitted  in  D 

]»artment'8  note  of  the  4th  instant,  to  stop  sealing  by  citizens  of  t 

United  States  as  well  as  by  subjects  of  Her  Majesty  pending  the  arl 

trationsof  questions  in  dispute  touching  thesealfisheries  iu  Behriug  S« 

I  should  be  glad  to  know  as  soon  as  possible  the  present  state  of  tl 

matter. 

I  remain,  etc., 

Alvey  a.  Adee, 
Second  Assistant  Secretary. 


Sir  Julian  Pauncefote  to  Mr.  Adee. 

f  Fertoiial.  | 

British  .  Legation, 

Washington,  May  21,  1891 

Dear  Mr.  Adek  :  /  regret  that  I  am  not  yet  in  a  position  to  ans\v( 

the  inquiry  of  the  Pre;;  dent  communicated  to  me  in  your  letter  of  ya 

terday,  but,  immiiWy ce\y  on  its  receipt,  I  telegraphed  the  substaiii 

of  it8  contents  so  tie  Marquis  of  Salisbury, and  I  hope  to  receive 

the  course  of  to  day  a  telegram  from  his  iordshi])  in  reply. 

You  may  rely  on  my  using  the  utmost  expedition  in  the  matter. 

I  remain,  etc., 

Julian  Pauncefote 


Mr.  Adee  to  Sir  Julian  Pauncefote. 


Department  of  State, 
Washington,  May  26,  1891. 
Sir:  In  my  personal  note  of  the  20th  instant  and  ou  several  occi 
sioiis  in  oral  communication,  I  have  had  the  honor  to  express  the  demi 
of  the  President  to  be  informed  at  the  earliest  possibly  moment  of  tl 
response  of  Her  Majesty's  Government  to  the  proposal,  which  foriiit 
tlie  subjectof  Mr.  Blaine's  note  to  you  of  the  4th  instant,  that  seal  takin 
ou  tue  islands  aud  in  the  waters  of  Behring  Sea  be  limited,  as  in  sai 
note  expressed,  as  to  citizens  of  the  United  States  and  subjects 
Great  Britain  pending  the  arbitration  of  certain  questions  in  ooiitn 
versy  between  the  two  Governments. 


Ill  severa 
•'  Preside! 
en  reathri 
The  situa 
L'iuses  the 
'II ts  to  m 
ported  th) 
months  o 
it'iiiie  cru 
iitly  need 
I'  very  pu 
tible  with 
tted  toco 
Ample  op 
Itriiig  thii 
ll  is  still 
mill  be  gli 
i{.'i'r  hold 
;iliiiiate  i 
iites. 

I,  am,  thei 
vc  been  g 
amis. 

Another  i 

idy  to  sai 

reached 

her  to  tl 

11(1  how  fi 

s  season, 

ility  of  1 

rani  to  H 

a<;reeinei 

I  am, 


im:  I  ha\ 

itcrday's  d 

nee  of  its 

t'cel  assui 

i(!li  niay  b 

ning  an  it 

e  to  me  ol 

jonl  Siilis 

;  utmost  e 

ioii.s  attac 

lordship  1 

vernmeut. 

1  have 


S,  Ex. 


BERING   SEA. 


88 


or  this  tiHlion 
to,  and  I  lioij 
you  appear 
ill  expiHlitin 
ropoHed. 

LUNOEFOTE.l 


State, 
(ay  20,  1891. 

learn  tbe 
)uiitte(l  in 
iitizeus  of  tl 
din^  the  aili 
u  Buhriug  St 
int  state  of  til 


,  Adee, 

nt  HecretaryA 


ION, 

lay  21,  1891 

tiou  to  an8\vi 

r  letter  of  yci 

the  substaiii 

to  receive 


III  several  interviews  witli  you  since  the  20th  instant  the  desire  of 
If  fresideiit  for  an  early  response  to  the  note  of  the  4th  of  May  has 
*('ii  reafflrnied. 

jTlie  situation  evidently  calls  for  prompt  action.     Each  day's  delay  iii- 

'iises  the  existing  ditleretice  in  the  ability  of  the  respeoiive  govern- 

'iits  to  make  the  proposed  limitation  of  seal-taking  etl'uctive.     It  is 

jported  that  a  large  tleet  of  Canadian  .sealers  has  been  for  some  weeks 

months  on  the  seas.    They  are  daily  going  farther  out  of  reach.     The 

Ivfiiue  cruisers  have  awaited  detliiite  orders.    Their  presence  is  ur- 

]iitly  needed  in  the  Behring  Sea.    Any  further  delay  tends  to  defeat 

jc  very  purpose  for  which  the  agreement  is  sought.     It  is  quite  incoiii- 

Itilile  with  fairness  and  justice  to  our  citizens  that  this  should  be  per- 

tted  to  continue. 

|Aiiiple  opportunity  has  been  afforded  to  Her  Majesty's  Government 
III  iiig  this  coiiditior>  to  a  close  l>y  an  effective  agreement;  but  the  re- 
li  i.s  still  uiicertai.i  and,  to  all  appearances,  remote.  The  President 
liiilil  be  glad  to  know  that  it  is  near  at  hand  and  certain  ;  but  he  can  no 
jifzcr  hold  back  in  furtherance  of  a  vague  hoi)e,  to  the  detriment  of  the 
Lntimate   interests  of  the  Government  and  citizens  of  the  United 

liltl'S. 

li,  am,  therefore  directed  by  the  President  to  inform  you  that  orders 

Jvf  been  given  to  the  revenue  steamer  liunh  to  proceed  to  the  sealing 

laiiiLs. 

Another  revenue  steamer,  the  Corwin,  is  at  San  Francisco,  nearly 

|i(iy  to  sail,  and  will  very  shortly  put  to  sea.    Should  an  agreement 

reached  before  her  departure,  appropriate  orders  may  still  be  sent 

licr  to  the  islands.  I  mention  this  in  order  that  you  may  compre- 
IikI  how  fully  this  Government  desires  to  etf'ect  an  arrangement  for 
Is  season,  and  that  you  may  realize  how  each  day's  delay  lessens  the 
|ility  of  Her    Majesty's  Government  to  eiiectively  cooperate   with 

tiird  to  Hritish  sul»ject8  and  tends  to  destroy  the  practical  utility  of 

iij;reemeiit  to  limit  the  seal  catch. 
I  am,  etc., 

Alvey  a.  Adee, 
Acting  Secretary. 


le  matter. 


aunoefote. 


State, 
ray  20,  1891. 

several  occi 
tress  the  desii 
uoment  of  t! 

which  foriii« 
hat  seal  takin 
ited,  as  in  sai 
nd  subjects 
ous  in  ooiitr( 


Sir  Julian  Pauncefote  to  Mr.  Adee, 

British  Legation, 
Washington,  May  27,  1891. 

IB:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
tcrday's  date,  and  to  inform  you  that  I  have  communicated  the  sub- 
iici'  of  its  contents  to  the  Marquis  of  Salisbury  by  telegram, 
ftel  assured  that  his  lordship  will  greatly  regret  any  inconvenience 
icli  may  be  caused  to  your  Government  by  the  impracticability  of  re- 
iiing  all  immediate  reply  to  the  proposal  contained  in  Mr.  Blaine's 
e  to  me  of  the  4th  instant. 

iord  Salisbury,  as  1  had  the  honor  to  state  to  yon  verbally,  is  using 
I  utmost  expedition;  but  the  lateness  of  tbe  proposal  and  the  con- 
ions  attached  to  it  have  given  rise  to  grave  difficulties,  as  to  which 
lordship  has  necessarily  been  in  communicr>tioD  with  the  Ganadiaa 
vei  nmeut.    Bis  reply,  however,  may  now  arrive  at  any  moment. 

1  have,  etc., 

Julian  Paunoepotb, 

S.  Ex.  55 3 


. 


.v^ 


34 


BERING  SEA. 


Proposal  of  Her  Majesty's  Oovernment  for  a  »»:"'?'"«  vivendi  in  the  Behri 
Sea  during  the  present  *isMng  seus<m. 


(1) 


Washington,  June  3,  1891.    (Received  Juno  4, 1891.) 
The  Governineut  ol  Great  Britain  and  of  tlie  United  States  slia 


prohibit,  until  May,  1892,  the  killing  of  seals  in  Beliring  Sea  or 


HI 


islands  tbereof,  and  will,  to  tlie  best  of  their  power  and  ability,  insui    „.,,,,.,  _° 
that  subjects  and  citizens  of  the  two  nations,  respectively,  and  theve 
sels  flying  their  respective  flags,  shall  observe  that  prohibition 

('J)  During  the  period  above  speci fled  the  United  States  Governme 
shall  have  the  right  to  kill  7,500  seals. 

(3)  Consuls  may  at  any  time  be  appointed  to  the  islands  in  the  Behri 
Seu,  and  the  United  States  Goverun^^nt  will  grant  an  "execpiatui 
to  any  such  consuls. 

(4)  Unless  the  assent  of  Russia  be  obtained  to  this  convention 
shall  not  come  into  operation. 

Julian  Pauncekote. 


sponse  < 

)r  a  modu 

je  presen 

First.  Ii 

submitt 

(1)  The  ( 


Behring  Sea  arlntrainjn, 

Washington,  June  3, 1891.    (Received  June  4, 1891. 

The  undersigned  has  beeu  instructed  by  the  Marquis  of  Salisbury 
inform  the  United  States  Government  that  Her  Majesty's  Governmei 
are  prepared  to  assent  to  the  flrsf;  Ave  questions  proposed  to  be  si 
mitted  to  arbitration  in  the  note  of  the  Hon.  James  G.  Blaine  toll 
undersigned,  dated  the  14th  of  April  last. 

Her  Majesty's  Government  can  not  give  their  assent  to  the  sixl 
question  iormulated  in  that  note.     In  lieu  thereof,  they  propose  t 
appointment  of  a  commission  to  consist  of  four  experts,  of  whom  t 
shall  be  nominated  by  each  Government,  and  a  chairman  who  shall 
nominated  by  the  arbitrators.    The  commission  shall  examine  and 
port  on  the  question  which  follows: 

For  the  purpose  of  preserving  the  fur-seal  race  in  Behring  Sea  from  externiinatio 
what  international  arrangetpentH,  if  any,  arc  uecoshary  between  Great  Britiiiii  t 
the  United  States  ami  Russia  or  any  other  power  7 

A  s  regards  the  question  of  compensation,  Her  Majesty's  Governme 
propose  the  following  article : 


ardly  or 

tuition  bei 

id  -vill  pr 

isiire  the  < 

reat  Briti 

(2)  The  ( 

^!»2,  the  k 

id  on  tb( 

ites  (in  e 

eiit  of  th 

Iculated 

e  citizens 

These  cht 

ve  the  sa 

111 ;  that 

aiids  of  tl 

iligatiou  0 

s  efttct  ti 

Second.  1 

vision  of  I 

e  statute!; 

'ssels  at  tl 

8  specific 

erifbre,  ol 

e  islands  t 

t'i^ident  re 

P consuls  w 

tree  and 

ovcrnment 

te  to  the  ii 

cess  for  si 

I»oiiited  to 

oposals  I'oi 

reeled  by 

liiiiation  o 


It  shall  be  competent  to  the  arbitrators  to  award  such  coinpensatioa  as  in  th 
judgment  shall  seem  equitable  to  the  subjects  and  citi>,oMHof  either  power  who  nh     ]i{(n]  Stjltf 
be  shown  to  have  beesi  damnitied  in  the  pursuit  of  tiie  industry  of  sealing  by  I    ,„„f  ij-.-i.   • 
action  of  the  other  power.  .^  uriiai; 

JULUN  Pauncefotb.   ii"  <'ontro 

Third.  Th( 

'K  liraitin 

ssia,  pres€ 

_Hii  adherei 

Mr.  Wharton  to  Sir  Julian  Pauncefoie.  |lii.s  opiniot 

I'ly  cause  t 
Depahtment  op  State,      Bse  both  G< 
Washington,  June  4,  1891.Bjult  duj  i,oi 
Sib  :  I  am  directed  by  the  President  to  say,  in  reply  to  your  noteB'fill  bo  ap) 
the  3d  instant,  conveying  to  the  Goveriiuieut  of  the  United  States  t^^'ud  you  t 


BERING  SEA. 


35 


n  the  Belirh 


no  4,  1891. 

tl  States  alia 
g  Sea  or  an 
ability,  insu^ 
r,  aiul  the  ve 
bition. 
8  Governmel 

in  tlie  BehriiJ 
I  "exequatun 

convention  | 

A.UNCEI'0'IE. 


sponse  of  Her  Majesty's  Government  to  the  proposal  of  Mr.  Blaine 
r  a  modus  Vivendi,  relating  to  the  seal  fisheries  in  BeHring  Sea  during 
■e  present  season — 

First.  In  place  of  the  first  and  second  subdivisions  of  the  agreement, 
submitted  to  you,  the  Pr  jsident  suggests  the  following  : 

(1)  The  Government  of  Great  Britain  shall  prohibit,  until  May,  1892, 
e  killing  of  seals  in  all  that  part  of  the  Behring  Sea  lyiug  east,  east- 
ardly  or  southeastwardly  of  the  line  described  in  article  1  of  the  con- 

iitiou  between  the  United  States  and  Russia,  of  date  March  30, 1807, 
d  -vill  promptly  take  such  steps  as  are  best  calculated  eftectively  to 
sure  the  observance  of  this  prohibition  by  the  subjects  and  citizens  of 
reat  Britain  and  all  vessels  tlyiug  its  tlag. 

(2)  The  Government  of  the  United  States  shall  prohibit,  until  May, 
!t',  the  killing  of  seals  in  that  part  of  Behriug  Sea  above  described, 
id  on  the  shores  and  isiands  thereof,  the  property  of  the  United 
[tiites  (in  excess  of  7,500  to  be  taken  on  the  islands),  and  the  Govern- 
ent  of  the  United  States  will  promptly  take  such  steps  as  are  best 
Iculated  effectually  to  insure  the  observance  of  this  prohibition  by 
le  citizens  of  the  United  States  and  the  vessels  flying  its  flag. 
These  changes  are  suggested  in  order  that  the  modus  may  clearly 
ive  the  same  territorial  extent  with  the  pending  proposals  forarbitra- 
1)11 ;  that  the  stipulation  for  a  prohibition  of  seal  killing  upon  the 

iiids  of  the  United  States  may  rest  upon  its  own  order ;  and  that  the 
)ligation  of  the  the  respective  pfovernments  to  give  proiai>tand  vigor- 
is  etttct  to  the  agreement  may  be  more  clearly  apparent. 
Second.  The  pertinency  of  the  suggestion  contained  in  the  third  sub- 
vision  of  Lord  Salisbury's  proposal  is  not  apparent  to  the  President. 
le  statutes  of  the  United  States  explicitly  prohibit  the  landing-  of  any 
issels  at  T,uc  seal  islands  and  the  residence  thereon  of  any  ptirson  un- 
8s  specifically  authorized  by  the  Secrciiary  of  the  Treasury.    It  is, 
enlbre,  obvious  that  no  consular  functions  could  be  discharged  upon 
e  islands  by  any  representative  of  Her  Majesty's  Government.    The 
resident  regards  this  law  as  declaring  an  exception  as  to  the  residence 
consuls  within  the  meaning  of  article  4  of  the  ronvention  of  coiu- 
Tce  and  navigation  of  December  22,  1815,  between   Her  Majesty's 
vernment  and  the  United  States.    If  the  proposal  is  intended  to  re- 
e  U)  the  islands  of  fSt.  Paul  and  St.  (ieorge,  and  has  for  its  object 
eoss  for  such  agents  of  the  Government  of  Her  Majesty  as  may  be 
pointed  to  investigate  f^^ts  that  may  be  involved  in  the  pending 
oposals  for  arbitration,  or  in  the  hearing  before  the  arbitrators,  lam 
ectcd  by  the  Pre'Ldent  to  say  that,  in  the  event  of  an  agreement  for 
isation  as  in  tliBblti atiou  of  the  questions  in  dispute  between  Great  Britain  and  the 
IT  power  who  nl^iited  States,  he  would  be  willing  to  extend  reasonable  facilities  to 
of  sealmg  i»y»eat  Britain  foi  the  investigation  at  the  islands  of  any  facts  involved 

'AUNCEFOTE-B ^'"  (controversy. 

^Third.  The  fourth  clause  of  the  proposal  of  Her  Majesty's  Goveru- 

nt,  limiting  the  t  ikiiig  effect  of  the  modus  vivendi  upon  the  assent  of 

ssia,  presents  what  seems  to  the  President  an  insuperable  difliculty, 

KM  adherence  to  that  suggestion  by  Her  Majesty's  Government  will, 

Ills  opinion,  prevent  the  conclusion  of  any  agreement,  and  wili  inev- 

bly  cause  such  a  delay  as  to  thwart  the  purposes  which  ho  must  sup- 

State,      Bseboth  Governments  have  had  in  view.     IJ^  is  surprised  that  this 

June  4,  1891.fclt  did  not  suggest  itself  to  Lord  Salisbury,  and  does  not  doubt  that 

to  vour  iioteVi'l  bo  appaiont  to  him  on  a  reexamination.    I  am  also  directed  to 

lilted  States  tB^'id  you  that  the  contention  between  the  United  States  and  Great 


ruue4, 1891.) 
of  Salisbury 
's  Governme 
sed  to  be  m 
\.  Blaine  to  ll 

it  to  the  six 
oy  i)ropose 

,  of  whom  t 
in  who  shall 

inline  and 


om  externiinatii 
Great  Britain 


?'s  Goveruiiv 


36 


BERING  SEA. 


Britain  bas  been,  limited  to  that  part  of  Behring  Sea  eastward  of  tin 
liiie  of  demarcation  described  in  our  convention  with  Russia,  to  whic 
reference  has  already  been  made,  and  that  Russia  has  never  assertei 
any  rights  in  these  waters  affecting  the  subject-matter  of  this  contei 
tion,  and  can  not  therefore  be  a  necessary  party  to  these  negotiations, 
if  they  are  not  now  improperly  expanded.  Under  the  statutes  of  tli 
United  Stages,  the  President  is  authorized  to  prohibit  sealing  in  tin 
Behring  Sea  within  the  limits  described  in  our  convention  with  Russi 
and  to  restrict  the  killing  of  seals  on  the  islands  of  the  United  Stat 
but  no  authoriy  is  conferred  upon  him  to  prohibit  or  make  penal  tbi 
taking  of  seals  in  the  waters  of  Behrijig  Sea  westward  of  the  line  referre 
to  or  upon  any  of  the  shores  or  islands  thereof.  It  was  nf  ver  supposei 
by  anyone  representing  the  Government  of  the  United  ■'tn^js  in  tliii 
correspondence,  or  by  the  President,  that  an  agree  .  .-a»  .  >  luoditi 
Vivendi  could  be  broader  than  the  subject  of  contenl  '^  fi'  a  in  tL 
correspondence  of  the  respective  Governments. 

Negotiations  for  an  arbitration  have  been  proceeding  between  th 
Unit^c"  States  and  Great  Britain,  and,  if  these  powers  are  competcii! 
to  settle  by  this  friendly  method  their  respective  rights  and  relatiom 
in  the  disputed  waters  upon  a  permanent  basis,  it  would  seem  to  folio 
tLat  no  question  could  arise  as  to  their  comi)eteucy  to  deal  directly  witi 
the  subject  for  a  single  season.  If  Great  Britain  now  insists  upon  in 
possible  conditions,  viz,  that  the  'joiic'.asion  of  the  modus  vivendi  is  ti 
be  delayed  until,  and  made  contingent  upon,  the  assent  of  Russia  ti 
stop  the  killing  of  seals  on  its  own  islands  and  in  its  own  waters,  am 
upon  the  exercise  by  the  President  of  powers  not  conferred  by  law] 
this  would  be,  in  his  opinion,  a  practical  withdrawal  by  Great  Britiiii 
from  the  negotiations  for  a  modus  vivendi.  This  he  would  very  mucl 
regret,  and  he  confidently  hopes  that  a  reconsideration  will  enai'li 
Lord  Salisbury  to  waive  the  suggestion  of  Russia's  participation  in  ' 
agreement  and  the  inclusion  of  other  waters  than  those  to  which  i 
contention  between  the  United  States  and  Great  Britain  relatea- 

lu  case  the  terms  of  the  modus  vivendi  are  agreed  upon,  the  Piv  i^  "  f| 
suggests  that  a  i»rovision,  heretofore  considered  in  another  uoimv  -t.  ^^ 
in  the  general  correspondence,  by  which  the  naval  or  other  duly  con 
missioned  officers  of  either  party  may  arrest  any  offending  vessel  aiii 
turn  it  over  at  the  neareut  port  of  the  nation  whose  flag  it  carries  f( 
such  judicial  proceedings  as  the  law  provides,  should  be  incorporat 
here,  the  more  effectuully  to  carry  out  the  stipulatious  of  the  respectiv 
Governments  toprciiibit  their  citizens  and  vessels  from  taking  seals  ii 
the  specified  waters  of  Behring  Sea. 

Having,  with  a  view  to  an  exigency  which  he  has  several  times  caii» 
to  be  explained  to  you,  promptlj  res[)onded  to  the  suggestions  of  youi 
note  of  yesterday,  the  President  directs  me  to  say  that  he  will  In. ,  >;» 
to  have  from  Lord  Salisbury  a  prompt  response  to  these sugg-  ■•■•■; 

1  am  further  directed  by  the  President  to  say  that  your  nou-  < 
same  date,  referring  to  the  conditions  of  the  proposed  arbitratio.  ,   ^ 
stating  the  objection  of  Lord  Salisbury  to  some  points  in  the  proi)o.si 
of  Mr.  Blaine,  will  have  the  early  attention  of  the  President. 
I  have,  etc., 

WjLLii*.A  V.  Whaeton, 

Acting  Secretary. 


Sir:  In 
•elative  tc 
Its  cont  ;ni 
louor  *  J  i: 
[rem  h  .s  1( 
lemoiand 
lbs 


rier  Majes 
\irendi,  if  ag 
Iflicors  of  eit 
\oTt  of  the  n 
i(iP8."  By  1 
le  United  8i 
k  the  prop( 
IpinioD.entil 
loiuling  pon 
nl  iHlunds. 
500  seals  is  i 
lajt'sty's  Qo^ 
gM  of  satis 
^'<l  States 
ti>  issiiii 
suggests 


,*ki 


ij  of  a 

''/dshi[ 

:int.  bi 

i  i.ion  t< 

ler  Maj« 

..ibjec 

Lo)(*  Salisb 

aginary  lin 

"  't  will  hi 

e  possession 

III  couclnsio 

utter  of  grei 

'bitration  at 

lueasnre  wh: 


Sir  :  I  ant 

ei't  satisfa 
y  note  of  f 
>li8l)iiry  th 
)8oliitely  M 


BERING   SEA. 


87 


;ward  of  th 
lia,  to  wbic 
ver  asserte 
this  conteii 
legotiationsj 
itutes  of  tU 
laling  in  th 
with  Russii 
nited  Stat 
le  penal  tbj 
sliuereferrei 
\rer  suppose 
:itHt«j8  in  thi 
r  ,V- ;    >.  tnodiii 
BV.  ■■■  a  in  111 

between  thJ 
re  competeuj 
and  relation^ 
leem  to  folio* 
1  directly  witlj 
sists  npon  iin 
s  Vivendi  is 
t  of  Russia  tl 
u  waters,  anij 
"erred  by 
Great  Britiii!| 
Id  very  uiucl 
n  will  eniU' 
ipation  in  •"; 
i  to  whicb    ia| 
relates-         ^ 
the  Piv  iu   Iv 
ler  coiiiit^  • 
her  duly  com 
lug  vessel  aii^ 
it  carries  foj 
incorporate 
the  respectivJ 
iking  seals  i^ 

il  times  cause! 
Bstions  of  jouj 
willlM  ,  >•:»« 
SUgfe'      ■? 
ur  non 
bitratio. 
u  the  proi)osa| 

lent. 

[ABTON, 

ng  Secretary 


Sir  Julian  Paunce/ote  to  Mr.  Whurton, 

British  Legation, 
Washington,  June  6, 1891. 
I  SiE :  Immediately  on  the  receipt  of  your  note  of  the  4th  inatant. 
relative  to  the  proposed  modus  vivendi  in  Behring  Sea,  I  communicated 
Its  cont  ;nts  to  the  Marquis  of  Salisbury  by  telegraph.  I  have  now  the 
lioiior  *  J  inform  you  that  late  last  night  I  received  a  telegraphic  reply 
from  h  s  lordship,  of  which  the  substance  is  contained  in  the  inclosed 
lemoiandnm. 

I  have,  etc.) 

Julian  Paunoefote. 


BEHRINO  SEA  MODUS  VIVENDI. 

(Ino^oinre  in  Sir  Jalian  Pauncerote'a  letter. — Memornndam.] 

Her  Majesty's  Government  accept  the  proposal  of  the  President  that  the  modus 
iiTiirfi,  if  agreed  upon,  should  provide  that    "the  naval  or  other  duly  commissioned 
Dicers  of  either  party  may  arrest  any  offendiu^^  vesso!  and  turn  it  over  to  the  nearest 
ort  of  the  nation  whose  flag  it  carries  for  such  Judicial  proceedings  ps  the  law  pro- 
ides."    By  accepting  this  proposal  Her  Majesty's  Government  give  1 1  the  cruisers  of 
e  United  States  the  power  of  supervising  t\w  conduct  of  British  si;  ijects  iu  observ- 
lij;  the  proposed  agreement  at  sea.    This  is  a  concession  which,  in  Lord  Salisbury's 
pillion, entitles  Her  Majesty's  Government  to  ask  from  the  United  States  the  corre- 
oiiding  power  of  supervising  the  proceedings  of  the  United  States  citizens  on  the 
a!  islands.     It  is  on  the  fidelity  with  whicli  the  condition  of  not  killing  more  than 
■)00  seals  is  observed  that  the  equality  of  the  proposed  agreement  depends.     Her 
ajesty's  Government,  therefore,  regard  it  as  indispensable  that  they  should  have  the 
);M  of  satisfying  themselves  that  this  condition  is  fnlly  observed  ijy  citizens  of  the 
M  States.    If  there  be  an  objection  on  the  part  of  the  United  States  Govern- 
to  issuing  an  exequatur  to  a  permanent  consul  on  the  seal  i^^ilauds,  Lord  Salis- 
8uggests  that  rhey  can,  urdoi  the  statute  "«peciflcally  authorize  "  the  residence 
-.■^  of  a  British  agent  during  the  present  season. 

:  U^dship  will  not  insist    on  the  condition  that  Kussia  shall  be  a  party  to  the 

i'^nt.  but  he  must  earnestly  press  the  United  States  Government  to  extend  the 

ii  i vion  to  their  citizens  and  vessels  over  the  entire  area  of  Behring  Sua.    In  that 

Her  Majesty's  Giovernment  on  their  part  wi'.I  "'railarly  extend  the  prohibition  to 

.iibjecta  anri  vessels. 

LcKi  Salisbury  voints  out  that,  if  seal-hunt'  prohibited  «/n  one  side  of  a  purely 

Bfriuary  line  drawn  in  the  open  ocean,  whil )  u  is  permitted  ca  the  other  side  of  the 

e,  it  will  be  impossible  in  many  oases  to  prove  unlawful  staling  or  to  infer  it  from 

le  imssession  of  skins  or  fishing  tackle. 

In  conclusion,  Lord  Salisbury  states  that  Her  Majec^j':;  liovernment  consider  it  a 
latter  of  great  importance  thai  the  two  Governments  should  agree  on  the  terms  of 
bitrution  at  the  same  time  as  on  a  modus  vivendi.  The  suspension  of  sealing  is  not 
iueasure  which  they  oould  repeat  another  year. 

Julian  Paunckfote. 


fkr.' 


Mr.  Wharton  to  Sir  Julian  Pauncefote. 

Department  of  State, 

Washington,  June  6,  1891. 
iSm :  I  am  directed  by  the  President  to  s'ty  that  he  has  received  with 
hut  satisfaction  the  note  of  Lord  Salisbury  of  to-day's  date  in  reply  to 
(y  note  of  the  4th  instant.  Be  directs  mo  to  ask  you  to  remind  Lord 
ftli8l)iiry  that  the  limitation  of  the  killing  of  seals  upon  the  islands  is 
psoliitely  within  the  control  of  the  United  States,  as  a  daily  count  is 

S.  i:x.  S 14 


38 


BERING  SEA 


made  by  sworn  officers,  and  to  inform  him  that  already,  in  order  to  as- 
sure such  control  pending  these  negotiations,  the  agents  of  theTreasury 
Department,  who  have  been  dispatched  to  the  seal  ^'^lauds,  have  been 
instructed  to  stop  the  killing  wiien  7,500  have  been  taken  and  to  await 
the  arrival  of  further  orders,  though  ordinarily  the  takiLig  of  seals  on 
the  islands  does  not  begin  until  about  July  1.  The  enforcement  of  an 
agreed  limitation  being  so  fully  in  the  control  of  the  United  States,  the 
President  is  sure  that  Lord  Salisbury  will  not  question  the  absolute 
good  faith  of  this  Government  in  observing  its  stipulation  to  limit  tl'o 
C:;\b  to  7,600.  This  Goverumeut  could  not,  of  course,  consent  to  any 
a: ;  ent  that  implied  such  a  doubt  or  involved  any  foreign  super 

visic  the  islands.  If  the  prompt  and  effectual  recall  of  the  fleet  o(| 
Canau  a  sealers  now  at  sea  was  as  fully  within  the  control  of  Great! 
Britain,  the  President  would  not  have  suggested  the  provision  for  the 
arrest  by  either  party  of  vessels  violating  the  prohibition,  but  would! 
have  rested  conftdeutly  in  the  assurance  given  by  Her  Majesty's  Gov. 
ernraent. 

But  in  view  of  the  fact  that  the  evidence  which  the  respective  gov 
eruments  will  present  to  the  arbitrators  (if  that  hai)i)y  solution  of  thi 
pending  difficulties  shall  be  attained)  must  be  collected  during 
present  season,  and  as  the  definitive  agreement  for  arbitration  can  nol 
be  concluded  contemporaneously  with  this  agreement,  the  I'residen 
directs  me  to  say  that  he  is  quite  willing  to  agree  that  Her  Majesty'i 
Government  may  send  to  the  seal  islands,  with  a  view  to  collecting  thi 
facts  that  may  be  involved  in  an  arbitration,  and  especially  facts  relal 
ing  to  seal  life  and  to  the  results  of  the  methods  which  have  been  |)ur| 
sued  in  the  killii';?  of  seals,  a  suitable  person  or  persons  to  make  tin 
necessary  observa,tion8.    The  present  and  the  comparative  condition 
of  the  rookeries  may  become  an  important  consideration  before  arbi 
trators  in  a  certain  event,  and  the  President  would  not  ask  that  tbi 
evidence  upon  this  snl)j<»ct  should  be  wholly  from  one  side.     He  i 
desirous  that  the  prohibition  of  the  killing  of  seals  for  this  season  sba 
be  as  wide  and  absolute  as  possible,  and  will  iiot  omit  the  exerciei 
of  any  power  confided  to  him  by  law  to  promote  that  end.     He  directi 
me  to  assure  Lord  Salisbury  that  he  is  extremely  desirous  to  bring  to 
speedy  conclusion  the  pending  negotiations  for  the  submission  to  iinj 
partial  arbitration  of  the  points  of  difference  between  the  two  govern 
ments,  and  regrets  that,  for  reasons  which  have  been  explained  to  yon 
an  immediate  answer  can  not  be  returned  to  his  lordship's  note  iipoi 
that  subject  of  the  2d  instant.     He  feels  sure,  however,  that  the  prouiji 
announcement  of  an  agreement  for  a  modus  for  this  season,  while  tben 
is  yet  time  to  make  it  mutually  effective,  will  not  fail  to  have  a  happ] 
influence  upon  the  final  negotiations. 

It  is  hoped  that  authority  may  be  given  to  you,  as  the  representati 
of  Her  Majesty's  Government  at  this  capital,  to  conclude,  imraediatel] 
upon  the  passage  of  the  bill  now  pending  in  Parliament,  the  followin] 
agreement : 

For  the  purpose  of  avoiding  irritating  differences  and  with  a  viow 
proinote  a  friendly  settlement  of  the  questions  pending  between  t 
governments  of  Great  Britain  on  the  one  side  and  the  United  States 
America  on  the  other,  touching  the  rights  of  the  respective  nationsi! 
the  Bering  Sea,  the  following  agreeinent  is  made,  which  shall  have 
effect  to  limit  or  prejudice  the  rights  or  claims  of  either  power,  excc] 
as  therein  expressly  stipulated  and  for  the  ti-ne  therein  limited  : 

(1)  The  Government  of  Great  Britain  will  prohibit  until  May,  181 
the  killing  of  seals  in  all  that  part  of  the  Behring  Sea  lying  east, 


Ihj 

ins 


Sir: 
h  Olh 
orhs  vivei 
liic'li  I  con 
'iiry. 

^  liave  th 

iisinits 
loiis  and  at 
I  IX'g  tt>  j 
'OUgil  to  81 

I  hav< 


for  tiio  pari 
"I'lly  settlen 


BERING   SEA. 


89 


>rder  to  as- 
leTreasury 
,  have  been! 
nd  to  await 
of  seals  on 
>ment  of  ani 
[  States,  tbel 
be  absolute] 
to  limit  tb 
sent  to  atiyl 
reign  superf 
f  the  fleet  ofl 
rol  of  GreatI 
ision  for  tliel 
I,  but  wouldl 
ajesty's  Gov| 

spective  gov 

•lution  of  till 

;1  during  th 

ation  can  noi 

the  I'resideni 

Her  Majesty'i 

collecting  thi 

lly  facts  relaf 

ive  been  pur 

J  to  make  tbi 

ive  condition! 

lu  before  arbi^ 

ask  til  at  thi 

side.    He  ii 

season  sbal 

the  exercii 

He  di  recti 

s  to  bring  to 

uission  to  m\ 

le  two  gov 

ained  to  yoi 

ip's  note  upo^ 

at  the  prouiii 

in,  while  tberj 

have  a  happl 

representrttivj 
u,  immediiitel 
,  the  folloffini 

with  a  view  I 
r  between  tl 
nited  States! 
itive  nations  1 
shall  have  I 
power,  excepi 


wardly,  or  southeastwardly  of  the  line  described  in  article  1  of  the  con- 
vention between  the  United  States  and  Russia  of  date  March  30,  1807, 
aiid  will  promptly  take  sucli  steps  as  are  best  calculated  effectively  to 
insure  the  observance  of  this  proliilution  by  the  subjects  and  citizens 
|oI'  Great  Britain  and  all  vessels  flying  its  flag. 

(2)  TheGovernmentof  the  United  States  will  prohibit  until  May,  1892, 

|ibe  killing  of  seals  in  that  part  of  Behriug  Sea  above  described,  and  on 

be  shores  and  islands  thereof,  the  property  of  the  United  States  (except 

bat  7,500  seals,  and  no  more,  may  be  taken  on  the  islands) ;  and  the 

overnment  of  the  United  States  will  promptly  take  such  steps  as  are 

est  calculated  effectively  to  insure  the  observance  of  this  prohibition 

y  the  citizens  of  the  United  States  and  the  vessels  flying  its  flag. 

(;})  All  vessels  or  persons  violating  the  laws  of  their  respective  gov- 

rnnients  in  this  regard  outside  the  ordinary  territorial  limits  may  b'^ 

eized  and  detained  by  the  naval  or  other  duly  commissioned  officers  of 

itber  of  the  high  contracting  parties,  but  they  shall  be  handed  over 

soon  as  practicable  to  the  authorities  of  the  nation  to  which  they 

espectively  belong  for  trial  and  for  the  imposition  of  the  penalties  and 

'orleitures  provided  by  law. 

(Jr)  In  order  to  facilitate  such  proper  inquiries  as  Her  Majesty's  Gov- 

rnnient  may  desire  to  make  with  a  view  to  the  i)resentation  of  the  case 

f  that  Government  Wt>re  arbitrators,  and  in  the  expectation  that  an 

grcement  for  arbitration  nay  ultimately  be  reached,  it  is  agreed  that  a 

iiitiible  person  or  persons,  to  be  designated  by  Great  Britain,  will  be 

)erniitted  at  any  time,  upon  application,  to  visit  or  to  remain  upon  the 

eal  islands  during  the  present  sealing  season  for  that  purpose. 

I  have,  etc., 

William  F.  Wharton, 
Atiting  Secretary. 


Sir  Julian  Pauncefote  to  Mr.  Wharton. 

British  Legation, 
WaHhington,  June  H,  1801. 
StR:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
jbe  Olh  instant  containing  the  terms  of  a  proposed  agreement  for  a 
\mh(s  Vivendi  during  the  present  seal  flshery  season  in  liehring  Sea, 
pirli  I  communicated  at  once  by  telegraph  to  the  Marquis  of  Salis- 
|iiry. 

bave  this  day  received  a  reply  from   his  lordship,  in  which  he 
iiisniits  a  draft  of  the  projtosed  agreement,  with  certain  modiflca- 
|ons  and  additions, 
1  bt'g  to  inclose  a  copy  of  it,  and  to  request  that  you  will  be  good 
Mough  to  submit  it  to  your  Government  for  their  connrideration. 


1  have,  etc., 


Julian  Pauncefote. 


inni 


tod 


AGKKKMENT. 


[looloft.ire  in  Sir  Julian  Paiincefote's  letter.] 


itil  May,  18» 
lying  east,  * 


It'or  the  purpose  of  HvoiiliiiK  irritating  diileroiKv^s  and  wiHi  u  view  to  promote 
l«n(lly  Hettlemeut  of  the  qneHtions  ptMidiiig  l)etwecn  the  two  OovcriuneutH,  touching 


40 


BEEING  SEA. 


their  respective  rights  in    Behring  Sea  and  for  preservation  of  the  seal  species,  tliJ 

following  agreement  is  made  without  prejudice  to  the  rights  or  claims  of  eitliei] 

party : 

(1)  Her  Majesty's  Government  will  prohibit,  until  May  next,  seal  killing  in  tliaij 

Sart  of  Behfing  Sea  lying  eastward  of  the  line  of  demarcation  described  in  article 
o.  1  of  the  treaty  of  1807  between  the  United  States  and  Russia,  and  will  pronipilJ 
use  best  ettbrts  to  insure  observance  of  prohibition  by  British  subjects  and  vessels. 

(5J)  The  United  States  Government  will  prohibit  seal  killing  lor  the  same  period  iol 
the  same  part  of  Behring  Sea  and  on  the  shores  and  islands  thereof,  the  proper  y  of 
the  United  States  (in  excess  of  7,r>0U  to  be  taken  on  the  Lslands  as  food  skins,  au<l  ii(i| 
for  tax  or  f-hipmont),  and  will  promptly  use  best,  efibrts  to  insure  observance  of  pro 
hibition  by  United  States  citizens  and  vessels 

(3)  Every  otfending  vessel  or  person  may  be  seized  and  dctiincd  by  the  naval  o| 
other  duly  commissioned  oHluers  of  either  of  the  high  unntraciing  parti  .■*,  but  the 
shall  be  handed  over  as  soon  as  practicable  to  t\u'.  autlioritios  of  the  nation  to  wliicij 
they  respectively  belong,  who  shall  alone  have  jurisdiction  to  try  the  offense  auij 
impose  the  penalties  for  the  same. 

The  witnesses  and  proofs  necessary  to  establish  the  offense  shall  also  be  si-nt  witH 
them,  and  the  court  adjudicating  upon  the  case  may  order  such  portion  of  the  tiiiw' 
imposed,  or  of  the  proceeds  of  the  condemned  vessel,  to  be  applied  in  payment  of  tbJ 
expenses  occasioned  thereby. 

(4)  In  order  to  facilitate  snch  proper  inquiries  as  Her  Majesty's  Government  uiajj 
desire  to  make  with  a  view  to  the  presentation  of  the  case  of  that  (iovernment  Ix^iunf 
arbitrators,  and  in  expectation  that  an  agreement  for  arbitration  nciy  be  arrive<l  iitj 
it  is  agned  that  suitable  persons  designated  by  Great  Britain  will  be  permitted  i 
any  time,  upon  application,  to  visit  or  to  remain  upon  the  seal  islands  during  tli^ 
present  sealing  season  for  that  purpose; 

(5)  A  commission  of  four  experts,  two  nominated  by  each  Government,  and  a  cliairj 
man  nominated  by  the  arbitrators,  if  appointed,  and,  if  not,  by  the  afutcsaid  com 
mission,  shall  examine  and  report  on  the  following  question: 

What  international  arranagements,  if  any,  between  Great  Britain  and  the  Unita 
States  ..nd  Russia  or  any  other  Power  are  necessary  lor  the  purpose  of  preserving  tb 
fur-seal  race  in  the  northern  Pacific  Ocean  from  exteruiiiiation  i 

(6)  The  Government  of  the  United  States  will  joiu  with  that  of  Her  Majesty  in  i 
questing  Unssia  to  forbid  her  subjects  from  sealing  to  the  east  of  the  line  indicutei 
in  article  No.  1  of  the  present  agreement  until  the  1st  of  May,  181)2. 


Mr.  Wharton  to  iSir  Julian  Pauncefote. 

Department  of  State, 
Washington,  Jtitte  9,  18!)1. 

SiE :  I  am  directed  by  the  President,  in  response  to  your  note  of  Jiinl 
8,  delivered  this  morning,  to  say  that  he  regrets  that,  at  the  iiKiiiioiil 
when  the  two  Governments  seemed  to  have  reached  an  agreement  if 
this  matter  (which  is  one  calling  for  the  utmost  promptness  of  ii(:ti()ii| 
new  conditions  should  be  suggested  by  Lora  Salisbury.     With  tlieaa 
ceptance  of  the  proposition  submitted  in  my  last  note,  relating  to  pel 
mission  to  British  agents  to  visit  the  seal  iislands,  an  agreement  liaf 
been  reached  upon  a'i  the  conditions  that  had  been  previously  discusss 
or  suggested  in  this  connection.     The  President  does  not  object  to  ' 
modiScation  of  his  proposal  suggested  in  the  first  article  submitted  bl 
yon,  for  he  assumes  that  the  terms  used,  while  not  as  strong,  pcrlnipl 
as  those  suggested  by  this  Government,  do  fully  commit  the  Govcri 
ment  of  Great  Britain  to  prompt  and  energetic  measures  in  the  rtiirei 
sion  of  the  killing  of  seals  by  the  subjects  and  vessels  of  that  nation. 

The  proposal  submitted  by  you  on  June  3  contained  this  clans 
'•During  the  period  above  specified  the  United  Stales  GoveinmeiitsliaJ 
have  the  right  to  kill  7,500  seals."    2^0W|  his  lordship  adds  a  mostext 


BERING   SEA. 


41 


[  Bpeoies,  thJ 
ims  of  eitbeil 

illiiig  in  tliati 
bed  in  aitidi 
will  jiroiiipihj 
ind  venHeln 
anie  period  iiil 
lie  proper  y  iil 
HkiuH,  aud  iidl 
rvaiico  of  vror 

the  uaviil  ol 
rti  A,  i)"t  tlitjl 
itioii  to  wliicll 
le  oHeuse  iinl 

0  be  sfiit  witC 
)ii  of  the  lino 
payment  of  ibi 

ivernnient  iua)| 
ernuient  brl'on 
■  be  arrived  a»i 
le  pernnttod 
nils  durins  tl 

■ut,  and  a  cliai^ 
afoiesaid  con 

aud  tbo  Unite 
f  preservint;  111 

n-  Majesty  in 
le  line  iudiciUe 


State, 
m  9,  ISM. 
note  of  J  mil 
the  iiii»nien| 
apreeuH'iit  ii 
3S8  of  aft  ion 
With  tliea 
ating  to  p 


{rreeiiit 


lit  W 


u»\y  (liscussi 
t  object  to 
subinittetlbl 

oug.  IHTliall! 

b  the  Govci 
in  tho  i< i>r' 
that  niitioa 
1  tliis  clni'' 
'I'luuu'iitslial 
a  most  ex' 


ordinary,  and  not  altogether  clear,  condition  (T  quote),  ••  to  be  taken  on 
I  lie  shores  and  islands  as  food  skins,  and  not  for  tax  or  shipment." 

This  new  condition  is  entirely  inadmissible  and,  in  the  opinion  of  the 
1 'resident,  inconsistent  with  the  assent  air»^ad^,  given  by  Her  Majes- 
tv's  Government  to  tlie  proposition  of  the  United  States  in  tliat  be- 
liiilf.  It  had  been  particnlarly  explsiined  in  the  correspondence  that  the 
Itssees  of  the  privilege  of  taking  seals  upon  the  islands  assumed  obli- 
{{iitions  to  supply  to  the  natives  the  food  and  other  things  necessary  for 
llii'ir  subsistence  and  comfort,  and  that  the  taking  of  the  limited  num- 
ber of  seals  was  not  onlv  to  supply  Hesh  to  the  natives,  but,  in  some 
part,  to  recompense  the«;ompany  forfurnishingotherneeessary  articles 
(if  food,  clothing,  and  fuel.  The  President  is  surprised  that  it  should 
now  be  suggested  that  cone  of  these  skins  should  be  removed  from  the 
■"'.ivud,  aud  he  can  not  understand  how  British  interests  can  be  promoted 
by  allowing  them  to  go  to  waste. 

The  previous  communications  of  Her  Majesty's  Government  had,  in 
jthe  opinion  of  the  President,  concluded  this  matter. 
As  to  the  third  clause  of  your  proi)osition,  I  am  directed  to  say  that 
he  contention  between  the  TJnited  States  and  Great  Britain  has  rela- 
ion  solely  to  the  respective  rights  of  the  two  governments  in  the  waters 
f  EeliringSea  outside  of  the  ordinary  territorial  limits,  aud  the  stipu- 
lations for  the  cooperation  of  the  two  govtiuments  daring  this  season 
ave,  of  course,  the  same  natural  limitation.  This  is  recognized  in 
rticles  1  and  2  of  your  jn-oposal,  for  you  will  observe  that  the  obliga- 
ion  assumed  by  Her  Majesty's  Government  is  to  prohibit  seal-killing 
11  a  certain  i»art  of  Beliring  Sea,  whereas  the  obligation  assumed  in 
lie  second  article  by  the  Government  of  the  United  States  is  to  pro- 
libit  seal  killing  in  the  same  part  of  Behring  Sea  and  the  shores  and 
slands  thereof,  the  property  of  the  United  States.  The  killing,  there- 
'ore,  of  seals  on  the  islands  or  within  the  territorial  waters  of  the  United 
tatt's  falls  only  within  the  prohibition  of  this  Government.  His  lord- 
liip  will  also  see  that  it  is  altogether  beyond  the  power  of  the  Presi- 
ent  to  stipulate  that  an  offense  committed  in  the  undisputed  territory 
f  tiie  United  States  against  its  laws  shall  be  triable  only  in  the  courts 
if  another  nation.  The  extension  of  this  clause  to  the  territory  and 
imitorial  waters  of  the  United  States,  therefore,  involves  an  insuper- 
lile  legal  difficulty  on  our  part  and  a  concession  which  no  independent 
ovcninieut  could  be  expected  to  make.  The  mutual  police,  which  is 
|0  be  stipulated  for,  could  not,  in  the  nature  of  things,  api)ly  to  the 
jeriitorial  waters  within  the  undisputed  and  exclusive  jurisdiction  of 
litiier. 

To  the  fourth  clause,  which  is  in  substance  the  same  as  the  proposi- 
iou  made  by  this  Government,  no  objection  is  interposed. 
As  to  the  fifth  clause,  1  am  directed  to  say  that  the  President  regards 
«  proposition  to  appoint  a  joint  conunission  to  investigate  and  report 
to  what  regulations  or  international  agreements  are  necessary  to  pre- 
rve  the  seal  fisheries  to  be  one  of  tho  incidents  of  the  agreement  for 
bitiation  aiid  to  have  no  proper  place  here.  This  distinction  seems 
liavo  been  recognized  by  his  lordship,  and  his  proposal  of  such  a 
niiiiission  was  made  part  of  the  separate  note  discussing  the  terms  of 
liitration  presented  by  you  on  June  3,  and  has  never  until  now  ap- 
ared  in  the  correspondence  relating  to  a  modus  Vivendi.  The  Presi- 
iit  tliinks  the  fourth  clause,  which  has  been  accepted,  makes  ample 
fseiit  provision,  but  will  give  a  full  consideration  to  the  suggestion  of 
joiut  commission  in  connection  with  the  negotiation  for  arbitration. 


42 


BERINQ  SL:A. 


To  the  sixtli  and  last  clause  the  President  directs  me  to  say  that,  so 
far  as  lie  is  aware,  no  vessel  bearing  the  Russian  flag  has  at  any  time 
intruded  into  the  waters  described  in  the  proposed  agreement.  He  is 
entirely  in  sympathy  with  the  expressed  desire  of  Lord  Salisbury  to 
secure  such  .limitations  as  to  the  hunting  of  seals  in  the  whole  of  Ber- 
ing Sea  as  will  preserve  to  mankind  this  valuable  industry  ;  but  he  does 
not  think  that  an  agreement  to  unite  in  any  joint  note  to  Russia  should 
be  interposed  here  and  at  this  time.  Moreover,  Lord  Salisbury  will 
perceive  that,  in  the  present  state  of  the  Americjiu  law,  if  Russia  should 
ask  for  reciprocal  action  by  this  Government  west  of  the  treaty  line,  the] 
President  would  be  confronted  with  the  same  difficulty  that  prevented 
him  from  extending  the  agreement  with  Her  Majesty's  Government  to| 
the  whole  of  Behring  Sea. 

As  the  President  understands,  the  adhesion  of  the  two  Governments 
has  been  given  in  this  correspondence  to  the  following  propositions: 

For  the  purpose  of  avoiding  irritating  differences  and  with  a  view  to 
promote  friendly  settlement  of  the  questions  pending  between  the  two 
Governments,  touching  their  respective  rights  in  Behring  Sea,  and  fori 
the  preservation  of  the  seal  species,  the  following  agreement  is  made 
without  prejudice  to  the  rights  or  claims  of  either  party  : 

(1)  Her  Majesty's  Government  will  prohibit,  until  May  next,  seal- 
killing  in  that  part  of  Behring  Sea  lying  eastward  of  the  line  of  deniarl 
kation  described  in  article  ^o.  1  of  the  ireaty  of  18H7  between  tlie  United 
States  and  Russia,  and  will  promi)tly  use  its  best  etForts  to  insure  tliel 
observaace  of  the  prohibition  by  British  subjects  and  vessels. 

(2)  The  United  States  Government  will  prohibit  seal-killing  for  thel 
same  period  in  the  same  part  of  Behring  Sea  and  on  the  shores  and  is- 
lands thereof,  the  property  of  the  Tiiited  States  (in  excess  of  7,500  t()b« 
taken  on  the  islands  for  the  subsistence  and  care  of  the  natives),  and] 
will  promptly  use  its  best  elforts  to  insure  the  observation  of  this  prohi 
bition  by  United  States  citizens  and  vessels. 

(3)  Every  vessel  or  person  offending  against  this  prohibition  in  tlie| 
said  waters  of  Behring  Sea,  outside  of  the  ordinary  territorial  limits  ol 
the  United  States,  may  be  seized  and  detained  by  the  naval  or  otlierj 
duly  commissioned  otticers  of  either  of  tlie  high  contracting  parties,  bul 
they  shall  be  handed  over  as  soon  as  i)racticable  t()  the  authorities  ol 
the  nation  to  which  they  respectively  belong,  who  shall  alone  havejuri* 
diction  to  try  the  offense  and  impose  tiie  penalties  for  the  same.  Tbi 
witnesses  and  proofs  necessary  to  establish  the  offense  shall  also  be  seni 
with  them. 

(4)  In  order  to  facilitate  such  proper  inquiries  as  Her  Majesty's  Gof 
ernment  may  desire  to  make  with  a  view  to  the  presentation  of  the  ca 
of  that  Government  before  arbitrators,  a'ld  in  expectation  thatanagi 
ment  for  arbitration  may  be  arrived  at,  it  is  agreed  that  suitable  per] 
sons  designated  by  Great  Britain  will  be  permitted  at  any  time,  u|)Oi 
application,  to  visit  or  to  remain  u[)on  the  seal  islands  during  the  preSj 
ent  sealing  season  for  that  puri)08e. 

The  President  directs  me  to  inform  you  that  the  Government  of  tfc 
United  States  is  ready  to  conclude  this  agreement,  if  it  can  be  put  inti 
force  immediately.  The  value  of  such  an  agreement  to  the  Uiiiti' 
States  is  daily  lessening,  and  the  President  therefore  feels  that  hemus] 
ask  that  the  negotiations  be  brought  to  a  speedy  determination. 
I  have,  eto.| 

William  F.  Wharton, 


SiE:  I 
June  9,  d 
transmits 
l)ropo8ed 

fishery  se; 
suggested 

1  have 

lordship,  j 

tliereon  in 

while,  wit 

been  sugg 

point  out 

a  desire  t( 

is  possible 

of  the  seal 

In  my  b 

Niiggestiou 

coiisideraii 

tioM  in  arti 

which  you 

and  sale  of 

cover  the 

iiiitives.    I 

and  redrlvi 

resorted  to 

stated  by  e 

on  the  islar 

I  would 

Agent  C.  J 

also  to  the 

**;  and  tha 

oltiie  same 

As  regar< 

"0  means  ai 

countries. 

arbitration  i 

1)6  signed  ( 

But  as  your 

tiation  to  a 

liigbeat  imp 

once, in  ordt 

Lord  Salisb 

article  provi 

nvendi,  of  m 

ment,  be  a  c 

Tlic  objec; 

'appears  to  n 

itself  in  the 

^m\  Salisb 

'•lich  excep 

accede  to  iii{ 

1  hav( 


BERING   SEA. 


48 


Sir  Julian  Pauncefote  to  Mr.  Wharton, 

British  Lkgation, 
Washington,  June  10,  1891. 

Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
June  9,  delivered  this  day,  in  reply  to  my  note  of  the  8th,  in  which  I 
ti'iuisinitted  for  the  consideration  of  your  Government  the  draft  of  a 
])ropo8ed  agreement  for  a  modus  vivendi  during  the  present  fur-seal 
fishery  season  in  Behriug  Sea,  with  certain  modifications  and  additions 
•suggested  therein  by  the  Marquis  of  Salisbury. 

I  have  telegraphed  the  substance  of  your  note  under  reply  to  his 
lordship,  and  1  hope  to  be  able  to  communicate  to  you  his  observations 
thereon  in  the  course  of  to-morrow  or  the  following  day.  In  the  mean- 
while, with  reference  to  the  com])liunt  that  new  conditions  should  have 
been  suggested  at  this  stage  by  Lord  Salisbury,  I  would  beg  leave  to 
point  out  that  all  his  lon<shi])'s  suggestions  are  obviously  dictated  by 
a  desire  to  render  the  modus  vivendi  more  eflective  and  to  do  all  that 
is  possible  in  the  common  interest  for  the  protection  and  the  preservation 
of  the  seal  species  during  the  present  season. 

In  my  humble  opinion,  therefore,  it  is  to  be  regretted  that  those 
suggestions  should  not  have  commended  themselves  to  the  favorable 
consideration  of  the  President.  Thus  the  object  of  the  proposed  inser- 
tion in  article  2  of  the  words  "  food  skins,  aiul  not  for  tax  and  shipment," 
which  you  qualify  as  "extraordinary,"  was  not  to  prevent  the  export 
and  sale  of  the  7,500  seal  skins,  of  which  the  ])roceeds  are  iutended  to 
cover  the  cost  of  food,  clothing,  fuel,  and  other  necessaries  for  the 
natives.  Its  sole  object  was  to  stoj*  tiH>  injurious  pr.ictice  of  driving 
and  ledriving  the  herds  to  the  killing  grounds  for  selection,  which  is 
resorted  to  in  the  case  of  seals  killed  "  for  tax  and  shipment,"  and  is 
stilted  by  experts  to  be  the  main  cause  of  the  depletion  of  male  seal  life 
on  the  islands. 

I  would  refer  you  on  this  point  to  the  report  of  Special  Treasury 
Afient  0.  J.  Goff,  laid  before  Congress  (Ex.  Doc.  No.  49),  pp.  4  and  29  j 
also  to  the  report  of  Assistant  Treasury  Agent  Joseph  Muri'ay,  at  page 
8;  and  that  of  Assistant  Treasury  Agent  A.  W.  Lavender,  at  page  9, 
of  the  same  Oongre'jsional  paper. 

As  regards  Lord  Salisbury's  proposal  of  a  joint  commission,  it  is  by' 
110  means  anew  cue.  it  has  long  been  called  for  by  public  opinion  in  both 
countries.  It  *Yas  inserted  among  Lord  Salisbury's  last  proposals  for  the 
arbitration  agreement  in  the  expectation  that  the  latter  document  would 
be  signed  contemporaneously  with  the  agreemeut  for  a  modus  vivendi. 
But  as  your  Government  is  not  prejiared  to  bring  the  arbitration  nego- 
tiation to  a  conclusion  without  further  (consideration,  and  as  it  is  of  the 
bighest  importance  that  the  joint  commission  should  be  appointed  at 
once,in  order  to  enterupon its functionsduringthepreseutfishery season, 
Lord  Salisbury  has  had  no  alternative  but  to  urge  the  insertion  of  the 
article  providing  for  a  joint  commission  in  the  agreement  for  the  modus 
tivendi,  of  which  it  should,  in  the  opiniou  of  Her  Majesty's  Govern- 
ment, be  a  component  part. 

The  objection  of  the  President  to  that  article  in  the  modus  vivendi 
appeiirs  to  me  to  create  the  greatest  ditiiculty  which  has  yet  presented 
itself  in  the  course  of  this  negotiation,  and  I  earnestly  hope  that,  if 
Lord  Salisbury  should  be  disposed  to  waive  the  other  conditions  to 
which  exception  is  taken  in  your  note,  the  President,  on  his  part,  will 
accede  to  his  lordships  wishes  in  respect  of  the  joint  commission. 
1  have,  etc., 

Julian  Paunoefotb. 


44 


BERING   SEA. 


Sir  Julian  Paunce/ote  to  Mr.  Wharton. 

British  Legation, 
Washinf)ton,  June  11, 1891. 

Sir:  With  reforence  to  my  note  of  yesterday,  and  especially  to  tlie 
conclndiug  part  of  it,  I  have  the  honor  to  inform  you  that  1  liave  tills 
day  received  by  telegraph  from  the  Marquis  of  Salisbury  a  reply  to  the 
l)roposal  for  a  modus  Vivendi  during  the  present  fur-seal  fishery  season 
in  Behring  Sea,  contained  in  your  note  of  .June  1). 

His  lordship  states  that  the  Presi(1ent's  refusal  to  adopt  his  sugges 
tions  with  respect  to  Russia  renders  the  proposed  modus  vivendi  much 
less  valuable,  and  that  he  is  reluctant  to  abandon  the  words  which  bu 
had  proposed  for  insertion  in  article  2  in  relation  to  the  reservation  of 
the  7,500  seals  to  be  killed  on  the  islands. 

Nevertheless,  in  view  of  the  urgency  of  the  case,  his  lordship  is  dis 
posed  to  authorize  me  to  sign  the  agreement  in  the  precise  terms  formu' 
lated  in  your  note  of  June  9,  ))rovided  the  question  of  a, joint  commis- 
sioD  be  not  left  in  doubt  and  that  your  Government  will  give  an  assiir 
ance  in  some  form  that  they  will  concur  in  a  reference  to  a  joint  com- 
mission to  ascertain  what  permanent  measures  are  necessary  for  the 
preservation  of  the  fur-seal  species  in  the  Northern  Pacific  Ocean. 

I  have  the  honor,  therefore,  to  inquire  whether  the  President  is  pre- 
pared to  give  that  assurance,  and,  if  so,  1  shall,  on  receipt  of  it,  lose  no 
time  in  communicating  it  by  telegraph  to  Lord  Salisbury  and  in  ap 
plying  to  his  lordship  for  authority  to  sign  the  proposed  agreement. 
I  have,  etc., 

Julian  Paunoefote. 


Mr.  Wharton  to  Sir  Julian  Pauncefote. 

Department  of  State, 
Washington,  June  11,  1891. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  tO' 
day's  date,  and  in  reply  I  jim  directed  by  the  President  to  say  thattlie 
Government  ot  the  United  tSlntes,  recognizing  the  fact  that  full  and 
adequate  measures  for  the  protection  of  seal  life  should  embrace  the 
whole  of  Behring  Sea  and  portions  of  the  North  Pacific  Ocean,  will 
have  no  hesitancy  in  agreeing,  in  connection  with  Her  Majesty's  Gov- 
ernment, to  the  appointment  of  ajoint  commission  to  ascertain  what  per- 
manent measures  are  necessary  for  the  preservation  of  the  seal  specief) 
in  the  waters  referred  to,  such  an  agreement  to  be  signed  simulta- 
neously with  the  convention  for  arbitration,  and  to  bo  without  preju- 
dice to  the  questions  to  be  submitttd  to  the  arbitrators. 

A  full  reply  to  your  note  of  June  3  relating  to  the  t^rms  of  arbitra 
tion  will  not  be  long  delayed. 
I  have,  etc., 

William  F.  Wharton, 
■  -  •        Acting  Secretary. 


Sir  Julian  Pauncefote  to  Mr.  Wharton, 

British  Legation, 
Washington,  June  13,  1891. 
Sir  :  I  lost  no  time  in  telegraphing  to  the  Marquis  of  Salisbury  thej 
contents  of  your  note  of  June  11,  conveying  the  assent  of  your  Goveru-f 


BERING   SEA. 


46 


ATION, 
11,  1891. 

ially  to  tliel 
1  have  tliial 
reply  to  the  I 
liery  sea  hod  | 

his  sugges- 
Ivendi  much 
(Is  which  b«| 
servatiou  of| 

dship  is  (lis- 
erins  tbrniu- 
)int  commis- 
ve  ail  assur- 
a  joint  com- 
isary  for  tlie 
[i  Ocean, 
lident  is  pro- 
of it,  lose  no 
•y  and  in  ap 
greeuient. 

UNOEFOTE. 


;tate, 

le  11,  1891. 

[urnoteofto- 

3  say  that  the 

fhat  full  and 

[embrace  the 

c  Ocean,  will 

lajesty's  Oov- 

];ain  what  per- 

^  seal  specie)! 

[ned  siniulta- 

ithout  preju 

Is  of  arbitral 


1  ment  to  the  appointment,  in  connection  with  Her  Majesty's  Govern- 
ment, of  a  joint  commission  for  the  purpose  mentioned  in  my  note  to 
you  of  the  same  date,  such  agreement  to  be  signed  simultaneously  with 
tlic,  convention  for  arl)itration,  and  to  be  without  prejudice  to  the  ques- 
1  lions  to  be  submitted  to  the  arbitrators. 

I  informed  his  lordship  at  the  same  time  that,  in  handing  me  the  note 
I  under  reply,  you  had  assured  me  that  the  President  was  anxious  that 
the  commission  should  be  appointed  in  time  to  commence  its  work  this 
Keasou,  and  that  your  Government  would,  on  that  account,  nse  their 
I  utmost  ofiForts  to  expedite  the  signature  of  the  arbitration  convention. 
1  now  have  the  honor  to  inforn)  you  that  I  have  this  day  received  a 
Itelegraphic  reply  from  Lord  Salisbury,  in  which,  while  conveying  tome 
lauthority  to  sign  the  proposed  agreement  for  a  modus  vivendi  contained 
lin  your  note  of  June  9,  his  lordship  desires  me  to  place  on  record  that 
lit  is  signed  by  me  on  the  clear  understanding  that  the  joint  commission 
I  will  be  appointed  without  delay. 

On  that  understanding,  therefore,  I  shall  be  prepared  to  attend  at  the 
[State  Department,  for  the  purpose  of  signing  the  agreement,  at  such 
[tiuie  as  yon  may  be  good  enough  to  appoint. 
I  have,  etc., 

Julian  Paunoefote. 


Mr.  Wharton  to  Sir  Julian  Pauncefoie. 

Department  op  k3tate, 
Washington,  June  13, 1891. 

Sir:  The  President  directs  me  to  say,  in  response  to  your  note  of 
lihis  (late,  that  his  assent  to  the  proposition  for  a  joint  commission,  as 
pi)r(;88e(I  in  my  note  of  June  9,  was  given  in  the  expectation  that  both 
Movernments  would  use  every  proper  eftort  to  adjust  the  remaining 
poiuts  of  ditterence  in  thOi general  correspondence  relating  to  arb'*ra- 
[ion,  and  to  agree  upon  the  definite  terms  of  a  submission  and  (s  -ke 
Appointment  of  a  joint  commission  without  unnecessary  delay. 

He  is  glad  that  an  agreement  has  finally  been  reached  for  the  pend- 
ing season ;  and  I  beg  to  say  that,  if  you  will  call  at  the  Department  at 
lO  o'clock  Monday  next,  I  will  be  glad  to  put  into  writing  and  give 
|ormal  attestation  to  the  modus  vivendi  which  has  been  agreed  upon. 
I  have,  etc., 

William  F.  Whabton, 

Acting  Secretary. 


^.BTON, 

Secretary. 


Modus  vivendi  respecting  the  fur-seal  fisheries  in  liehring  Sea. 

BT  THE  PRESIDENT  OF  THE  UNITED  STATES  OP  AMEIUCA. 


ATION, 

\e  13, 1891. 
Jalisbnry  tliej 
/our  Goveru-I 


A  PROCLAMATION. 


I  Whereas  an  agreement  for  a  modus  vivendi  between  the  Government 

Pthe  United  States  and  the  Government  of  Her  Britannic  Majesty, 

iiKlation  to  the  fur-seal  fisheries  in  Behring  Sea,  was  concluded  on 


46 


BERING   3EA. 


tlie  flftcoiitli  day  of  Juno,  in  the  year  of  our  Lord  one  tli«j4i8an(l  eigh 
hun.lred  and  ninety-one,  word  for  word  aH  follows: 

Agreement  between  the  (larernment  of  the  Utiiled  Statee  and  the  (lovemment  of  Her  /(Hdii 
ftto  Majettji  for  a  modus  virendi  in  relation  to  the  fur-teal  Jisherien  in  IMiriiig  Sm. 


IIIIIICC  ( 


)f  tl 

the  mod II 

TliiH(i()V« 

iicli  Inst r IK 

iciit  on  the 

i  hav 


Sir:  I  have 
•ell  ixHiicd  b; 


Idtisli  (lover; 
Very  rei 


For  tho  piirpoHe  of  avoiding  irritatiug  differences  aud  with  a  view  to  promntotli 

riendly  sottlenieiit  of  tho  question  pending  between  tlie  two  Governnienta  loiicliiii 

[heir  respective  rights  in  Behring  Sen,  and  (or  the  preservation  of  the  seal  spccioH,  tli 

following  agreement  is  made  without  prejudice  to  the  rights  or  claims  ut' eithi 

party: 

(1)  Her  Majesty's  Oovernmont  will  prohibit,  until  May  next,  seal  killing  in  tha 
part  of  Behring  Sea  lying  eastward  of  tne  line  of  demarcation  described  in  Article  .Vi 
1  of  the  treaty  of  18fi7  between  the  United  States  vid  Russia,  and  will  promptly  in 
its  best  efforts  to  ensure  the  observance  of  this  prohibition  by  Itritish  siibjeettt  andv« 
sets. 

(2)  The  United  States  Government  will  prohibit  seal  killing  for  the  samu  period 
the  same  part  of  Behring  Sea  and  on  the  shores  and  islands  thereof,  the  ]irnpert,v 
the  United  States  (in  excess  of  7,600  to  be  taken  on  tho  islands  for  the  subsiste'ni     i  .  i-  i 
and  care  of  the  natives),  and  will  promptly  use  its  best  ertorts  to  ensure  the  obsen     [  n  l' i"."'i 
ancoof  this  prohibition  by  United  States  citiitens  and  vessels.  :''  ' 

(3)  Kveryvessel  or  person  offending  against  this  prohibition  in  ihe  said  watersc 
Behring  sea  outside  of  Ihe  ordinary  territorial  limits  of  the  United  itcs,  mayb 
seized  and  detained  by  tho  naval  or  other  duly  commissioned  oflloerp  bur  of  tl 
High  Contracting  Parties,  but  they  shall  bo  handed  over  as  soon  as  )  \ble  tot 
authorities  of  the  nation  to  which  they  respectively  belong,  who  shall  we  juiii 
diction  to  try  the  offense  and  impose  the  penalties  for  the  same.  The  witrositeNan 
proofs  necessary  to  establish  the  offense  shall  also  be  sent  with  them. 

(4)  In  order  to  facilitiite  such  pro]>er  inquiries  as  Her  Majesty's  Qovein'ocut^ ; 
desire  to  make,  with  a  view  to  the  presentation  of  the  case  of  that  Governiiiflnt 
fore  arbitrators,  and  in  expectation  that  an  agreement  for  arbitration  may  bn  arriv 
at,  it  is  agreed  that  suitable  i)crHons  designated  by  Great  Britain  will  be  piTiiiiti 
at  any  time,  upon  application,  to  visit  or  to  remain  upon  the  seal  islands  during  ihl 
present  sealing  season  for  that  purpose. 

Signed  and  sealed  in  duplicate  at  Washington,  this  lifteenth  day  of  Juno,  1891, 
behalf  of  their  respective  Governments,  by  William  F.  Wharton,  Acting  Secretary 
State  of  the  United  States,  aud  Sir  Julian  Pauucefote,  G.C.M.  G.,K.C.B.,H.B. 
Envoy  Extraordinary  and  Minister  Plenipotentiary. 

WiLUAM  F.  Wharton  [seal], 
Julian  Pauncefote     [seal], 

Now,  therefore,  be  it  known  that  I,  Benjamin  Harrison,  Presiclento 
the  United  States  of  America,  have  caused  the  said  agreement  to  I 
made  public,  to  the  end  that  the  same  and  every  part  thereof  may 
observed  and  fulfilled  with  good  faith  by  the  United  States  of  Americi 
aud  the  citizens  thereof. 

In  witness  whereof,  I  have  hereunto  set  my  hand  aud  caused  theseaj 
of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  fifteenth  day  of  June,  in  tlij 
year  of  our  Lord,  one  thousand  eight  hundred  and  ninety-one,  and 
the  Indei)endence  of  the  United  States  the  one  hundred  and  fit'teeutl^ 

[SEAL.]  BENJ.  HAKUISON. 

By  the  President: 

William  F.  Wharton, 

Acting  Secretary  of  State. 


jLOMMANDINO 

Procliiiimtif 
irlot  Siiii  1'' 
iriicwil  with 
IfSililiii;;  vc 
lllilt    IlilUl 

"Hill  to  liav< 
mlice.     Fun 
illi  lisl.s  of 
fiirtliiT  ins 
rl  to  .Saiul 
iliuguii  his 


ICOMMAN'DING 


Mr.  Wharton  to  Sir  Julian  Pauncefote, 

Department  of  State, 
Washington,  June  20, 1891. 
Sir:  I  have  the  honor  to  transmit  to  you  herewith  copies  of  thei^ 
BtractiODS  that  have  been  issued  by  the  Secretary  of  the  Navy,  in  pi> 


lam  luir 

pMident/s  pi 

'  with  ill 

P*"'!!-.    Not 

J"uii<in,  iind  j 

P«iioniilitv  ei 

|Mliy(lroo;rai 

11);  on  r 

»fls  found  to 

1  waters,  J 

•nearest  coi 


BERING   SEA. 


47 


iiiiiicc  of  tlie  proclamation  of  tlio  PresidtMit  of  June  15, 181)1,  relative 
the  modus  rivendi  re.spt'ctiii<j;  tlio  fur-Meal  liHlieries  in  Bering  8en. 
TliiH  (loveniinent  would   be  i)leasetl  to  receive  in  exchange  copies  of 
iidi  iiiHtruciionH  aw  may  be  issued  by  Her  Britannic  Majesty's  Govern- 
eiit  on  the  same  subject. 
1  have,  etc., 

William  F.  Whabton, 

Acting  /Secretary. 


Mr.  Tracy  to  Mr.  Wharton. 

Navy  Department, 

Waaliinyton,  June  19, 1891. 
Sir;  I  have  the  honor  to  transmit  herewith  a  copy  ot  the  instructions  which  have 
en  ixNiii'iI  by  the  Niivy  Department,  in  pursuance  of  tlie  proclamation  of  the  Presi- 


jstructions  aa  mny  be  issued  by  tue 


»i      ,  ItDtof  .liino  15,  1S91,  containing  a  modus  vivntdi,  with  a  view  to  their  exchange, 

ensure  lue  ou«en  j,,,,,!,!  it  i,,,  deemed  desirable,  for  a  copy  of  such  iustructic  "     '  •■      ^ 

'!,»  .,„:  1  ,    i  Iritisli  (Jo\ernmeut  on  the  same  srubjoct. 
ihe  said  watersi  ,,       rcHiiBi-tfiillv 

ted      •>te8,  iiiayh  \«rj  rtspecttully, 


B.  P.  Thacy, 
Secretary  of  the  Navy. 


Mr.  Tracy  to  commanding  officer  of  Thetii. 
ITeleerain.] 


y  of  Juno,  1891,o^0MMANniNa  Officwr  IT, 

Acting  Secretary 

».,K.C.B.,H.B 


S.  8.  Thetis, 
San  FranviHco,  Cal. 


Navy  DRPARTintNT, 

Washington,  June  1.5,  1891. 


caused  the  sea 
of  June,  in  tlil 


Procliitiiiition  of  President  doHinii  BMriiig  Sea  has  been  telegraphed  to  collector  of 

riot'  Siin  I'rivnclsco.     Make  immediate  ap|)Iication  for  copies  as  soon  ns  received  ; 

iMteiMJ  with  Thetis  to  Sa'id  Point,  Pojjott'  Island  ;  distribute  the  proclamation  among 

sailini^  vcsselH.     Wiirn  master  of  each  vessel  to  whom  you  mar  deliver  proclama- 

illiiil  name  of  vessel  has  been  taken,  and  that  vessel  will  be  liable  to  capture  if 

"111(1  to  liave  l)een  or  to  be  sealing  in   Herin};;  .Se;i  east  of  lino  of  demarcation  alter 

miioe.    Furnish  all  United  States  and   Hritish  vessels  of  war  and  revenue  cutters 

itii  llitls  of  vettsels  warned.     Remain  in  neighborhood  of  Sand  Point  until  receipt 

fiirllii'i'  instructions,  which  will  be  sent  by  Marion.     Receive  ou  board  and  triins- 

>rt  til  Sand  Point,  C.   H.  Bullard,  deputy  collector  of  customs,  but  do  not  debiy 

liliug  oil  his  account. 

Tracy. 


Af*".  Tracy  to  commanding  officer  of  Mohican. 

Navy  Department, 

Washington,  June  15,  1891. 
ICmimaxdinq  Officer  U.  8.  8.  Mohican, 

San  Francisco,  Cal. : 

itiiiii  immediately  from  collector  of  customs,  San  Francisco,  printed  copies  of 

iilcnl's  proclaraition  in  reference  to  Boring  Si'a.     On  receipt  of  such  copies,  pro- 

'e<l  witli  all  dispatch  to  the  vicinity  of  the  Pribylott'  Islands,   St.  Paul  and   St. 

|l)«i.'i!.    Notify  all  American  and  British  persons  and  vessels  you  meet  of  the  procla- 

mtinii,  and  give  them  copies  of  the  same.     Warn  all  persons  and  vessels  of  either 

pitiiinalitv  engaged  in  sealing  in  Bering  Seu  eastof  the  line  of  demarcation,  as  shown 

li,vilroi;raphic  oflfice  chart  No.  G8,  to  leave  those  waters  forthwith.    Make  entry  of 

['«miii);on  register  or  log  of  sealer.    Seize  any  American  or  British  persons  and  ves- 

Isfoiinil  to  be  or  to  have  been  engaged  in  sealing,  after  notice,  within  the  prohib- 

'  waters,  and  bring  or  send  them  in  charge  of  a  snfficient  force  to  insure  delivery, 

nearest  convenient  port  of  their  own  country,  together  with  wituesaea  and  proofs, 


[led 


48 


BERING    SEA. 


and  there  deliver  them  to  proper  olllcer  of  court  in  said  port.  Send  at  least  the  maal 
tor  of  the  seized  '  es  ;el,  her  mace  or  boatswain,  all  her  cargo,  and  such  of  her  crew  u| 
yuu  deem  safe  iu  the  seiised  vessel.  At  the  time  of  seizure  draw  np  declaration  igl 
writing  showing  condition  of  seized  vessel,  place  and  date  of  bvMzure,  giving  Intitiultl 
and  longitude,  and  cirontnstances  showing  guilt.  Sign  declaration  and  send,  \vith| 
ship's  papers  and  seized  vessel,  to  oflBcer  of  court.  Deliver  to  maat«'i-  of  seized  vesw 
signed  and  certified  list  of  papers  found  ou  hoard.  Otticer  in  charge  of  seized  vtsHell 
will,  at  time  of  delivering  vessel's  papers  to  court,  sign  a  certificate  stating  aiivl 
changes  that  may  have  taken  place  iu 'respect  to  vessel,  crew,  or  cargo  since  seiziirei 

Keep  a  list  of  all  vessels  to  which  notice  of  proclamation  has  been  given,  nnd  iiir-l 
nish  all  United  States  and  British  war  or  revenue  vessels  with  copies  of  list.  Bui'orel 
sailing,  get  order  from  Alaskan  Commercial  Company,  San  Francisco,  to  coal  at  Ooii- 
alaska.  After  two  weeks'  cruising  in  neighborhood  of  Pribyloff  Islands,  rende/vouil 
at  Sand  Point,  Popoflf  Island,  one  of  the  Shanjagin  group,  with  Thetia  and  Alert,  aiid| 
await  there  further  instructions  by  Marion. 

Furnish  copy  of  this  order  to  commanding  officer  of  Alert,  and  direct  him  to  cou)| 
ply  with  it. 

TUACY. 


I  have  tbu 
jseiitleuie 
lery  seaso 
IL 


Mr.  IVoey  to  commanding  officer , of  the  Mohicun, 

tConfldential.l 

Navy  Depaktment. 
Washington,  June  IH,  leSil. 
Commander  C.  S.  Cottju, 

Commanding  U.  S,  S,  Mohican,  San  Franciteo,  Cal.: 
Until  further  instructed,  you  are  placed  in  command  of  nil  United  States  vessel' 
war  cruising  in  the  neighborhood  of  Bering  Sea,  and  .you  will  distribute  the  force  in 
such  manner  as,  in  year  jiiUgnient,  will  best  enable  you  to  comply  with  the  ordeisof 
the  Department  an*!  the  requirements  of  the  Prtsident's  proclamation.  Instrnct  ■  i* 
sels  under  your  comijand  to  send  all  seized  persons  and  vessel?  to  Oonalaskii,  to 
which  point  chartered  steamer  will  be  sent  from  Sa^  Francisco  with  marine  giiaid. 
Steamer  will  be  at  youv  disposal.  Instructions  have  been  sent  to  revenue  cutti  i.tto 
turn  over  persons  and  vessels  seized  by  them  to  yon  at  Oona^'aska  Utilize  the  diBr- 
tered  steamer  to  the  best  advantage  to  ascist  in  executing  :  ae  proclamation  and  to 
hand  over  as  soon  as  practicable  all  seized  perRc-js  and  vessels  to  authorities  of  niitiuD 
to  which  they  respectively  belong.  Orders  directing  Thetis,  Alert,  and  Mohicun  io 
rendezvous  at  Sand  Point  revoked.  TAoMs  will  proceed  t.-^  Sand  Point,  as  direciedi 
to  distribute  proclamation  and  give  notice,  and  will  proceed  tbenre  to  Oonalash 
immediately  after  departure  of  British  steamer  which  visits  Sand  Point  about  Jniy 
1  to  bring  home  coast  catch  of  seal.  Mohican  and  Alert,  after  cruising  two  weeKs,  ii« 
previonsly  directed,  iu  Bering  Seu,  will  rendezvous  with  'i'hetii.  at  Oonalaskainsti'iid 

of  Sand  Poirt.     Marion  will  sail  later  and  join  your  command  at  Oonalaska  at  m1 t 

same  Mme.  Has  Thetia  already  .sail>*d  T  If  so.  you  must  conminnicate  with  liiini 
Suud  Point  where  her  o.ders  of  yesterday  directed  her  to  await  your  arrival.  On 
roceipt  of  'ais  order  proceed  Immediately  lo  Bering  Sea  with  Thetis,  Mohican,  ami 
Alert,     Tel  graph  departure. 

B.  F.  Tracy. 


Tiie  foil 
ifficer  at 
stj's  shij 
f  demure 
nga)'  Br 
s  to  confl 
lately  ofl 
irosecutio 
ikrately 
ogc  titer  V 
ng  Ui,  te( 

Uor  Ma 

fl!!-.    shiji 

<\mun\  til 
rniiieiits  1 
essHl  of  t; 
tlier  iiatit 
Hit  Maj 
lents  sha, 
lifted  iu 
he  vesseh 


Sir  Julian  Paancefote  to  Mr.  Wharton. 

British  Legation, 
Washington,  June  21,  18!)l. 

Sir  :  I  have  the  honor  to  inform  you  that  I  have  received  a  commiiiiij 
catun  from  .Ber  Majesty's  principal  secretary  of  state  for  foreign  aflaii* 
to  the  effect  that  the  Qneeu  has  been  graciously  jileased  to  a])poiiit  Si'l 
George  Baden  Powcl,  M.  P.,  and  Prof.  Dawson,  commipsioners  to  i)roT 
ceed  to  the  Priby!off  Islands  for  the  purpose  ol  exaniintng  into  the  tiirj 
seal  fishery  in  Berng  Sea. 

In  accordance  with  the  instruction  of  the  Marquis  of  Balisbuiy.ll 


BERING   SEA. 


49 


b  least  the  mas  I 
1  of  her  crew  ail 

declaiation  inl 
giving  Intitiidtl 
and  send,  with| 
of  seized  ves* 
of  seized  veasell 
tte  stating  aiul 
;o  since  seiiiiire.f 

given,  nnd  liir-j 
of  list.  Bcforel 
,  to  coal  at  Ooiil 
nds,  rendezvouil 
8  and  Alert,  audi 

rect  him  to  coui-| 

Tracy. 


jliave  tb'j  honor  to  request  that  i)ermission  may  be  granted  to  these 
jgentleuieu  to  visit  and  remain  on  those  islands  during  the  current  fish- 
|ery  season. 

I  have,  etc., 

JJLIAN  TAUNCEIFOTE. 


CPAKTMENT. 

June  Ifi,  le'.il, 


States  vespcl: 

ibute  the  force  inl 

(vith  the  ordt'iHot 

m.    Instrnct  •t*! 

t'j  Oonalaska,  to| 

h  aiarine  giiiird. 

Bvenne  cntit  isto| 

Utilize  the  i  Imr- 

rlomation  and  t«| 

horitiesof  n;itioD 

I,  and  Mohi(iiii\o\ 

'oint,  as  dincitd, 

nre  to  Ooimliish 

Point  about  .Iniyl 

^  two  ■wt'el<s,  ;u| 

)onala8kainsti'ad| 

)Ualaska  at  :i)ioiill 

tate  with  luratl 

our  arrival.    Oiil 

lis,  MohUati,  mi'll 

B.  F.  Tracy. 


Beri.ig  Sea  modus  vivendi. 

[Memorandum.! 

Washington,  June  23, 1891. 
Tlie  following  instructions  have  been  issued  to  the  British  senior  naval 
offi(;er  at  Es  juimault ;  He  is  to  proceed  to  Bering  Sea  wi*h  Her  Maj- 
esty's ships  Nymplie  and  Pheasant  and  cruise  to  the  eastward  of  the  line 
of  deninrcp.tion  n)entioned  in  articles  1  and  2  of  the  modun  tm^endi,  warn- 
ing a/1  British  vessels  found  acting  in  ignorance  of  the  prohibition.  He 
Is  to  confiscate  the  sealing  equipment  of  any  Briti.sh  vessel  found  delib- 
Wati'iy  offending,  recording  her  name  and  the  name  of  her  mr  .stcr  for 
hrosocution  afterwards.  He  is  to  arrest  any  Amer'can  vessel  found  de- 
libenitely  offending  and  record  her  name  •  nd  the  name  of  her  ca])tain, 
logclher  with  the  proof  of  tie  offense  for  v  lich  slie  is  arrested,  inform- 
ing Ui.  ted  States  cruisers. 
Mer  .tlajesty's  ship  Porpoise  will  be  ordered  from  China  to  join  the 
Hm".  ships  under  his  couiiii^iui.  Her  Majesty's  Government  are  of 
kpiiiion  that  there  should  be  an  anderstanding  between  the  two  Gov- 
[niiiieiits  for  mutual  indemnities.  A  cruiser  of  one  nation  arresting  a 
ressnl  of  the  other  can  only  be  justiti'^d  in  doing  so  as  the  agent  of  such 
[tlier  nation,  and  should  therefore  act  in  that  character. 
HiM'  Majesty's  Government,  therefore,  suggest  that  the  two  Govern- 
aent.s  shall  agree  to  indemnity  each  other  in  respect  of  any  acts  com- 
fiitted  in  pursuance  of  f«uch  agency  by  the  cruisers  of  one  nation  against 
lie  vessels  of  the  other  in  execution  of  the  ynodus  vivendi. 

Julian  Paunoefote. 


EGATION, 

«Me21,18in. 
red  a  comniiinil 
■  foreign  albti!«| 
to  appoint  Sir 
sioners  to  i)i*| 
ig  into  the  in: 

of  Balisbuiy.l 


Mr.  Wharton  to  iSir  Julian  Paunce/^'", 

DErAUTJiE  :s  OF  State, 
Washijijton,  June  25,  1801. 

Sir:  The  correspondence  between  this  Government  yiid  that  of  Hor 
laji'.stv  has  happily  resulted  in  an  agreement  upon  the  Ilrst  five  pi  op- 
pitions,  which  are  to  constitute  the  basis  of  a  proposed  arbitration 
^la*iiig  to  the  controversy  which  has  arisen  as  to  the  respective  rights 

tlifi  two  Governments  in  the  Bering  Sea.  In  the  note  of  Lord  Salis- 
liry,  of  the  21st  of  February  last,  he  stateo  his  objection  to  the  si.vth 
fopo.sition,  as  presented  in  the  letter  of  Mr.  Blaine  of  December  17, 
pUO,  ill  tlife  following  words: 

iTIic  sixth  (,iu'.>tion,  wliicli  deals  witli  the  issi^es  that  will  arise  in  case  tlie  contm- 
rsv  HhoiiM  he  decided  in  favor  of  Grout  Uritain,  wonld,  perliap.s,  more  Htly  form 
|eHiilisiiiiu;e  of  a  seiiurate  reCereiioe.  Her  Majesty's  Governineiit  have  no  ol)Je<'tio:i 
rcltirlng  the  general  (inesliou  of  a  closed  time  to  arbitration,  or  to  ascertain  l)y 
lit  iin'!inH  tiow  tar  the  enactment  of  siicli  apmviHion  is  necessary  for  tlie  preserva- 
|>ii  of  tlie  Heal  species  ;  liiit  nucIi  rul'erenee  ought  not  to  contain  words  appearing  to 
jtribiite  special  and  abnormal  rigitts  in  the  mutter  to  the  United  States. 


S.  Ex.  56- 


50 


BERING   SEA. 


I  am  uow  directed  by  the  President  to  submit  the  following,  which  | 
he  thinks  avoids  the  objection  urged  by  Lord  Salisbury  : 

(C)  If  the  determination  of  the  foregoing  questions  as  to  the  excliisivel 
jurisdiction  ot  the  United  States  shall  leave  the  subject  in  such  \m\-[ 
tion  that  the  concurrence  of  Great  Britain  is  necess^Hry  to  the  estiililish  I 
raentof  regulations  for  the  proper  protection  and  the  preservation  ofl 
the  fur  seal  in,  or  habitually  resorting  to,  the  Bering  Sv'*a,  thearbitratorsj 
shall  .on  determine  what  concurrent  regulations  outside  ihe  juris- 
dic<  a1  limits  of  the  respective  Governments  are  necessary,  and  cverl 
what  waters  such  regulations  should  extend  ;  and,  to  aid  them  in  thatl 
determination,  the  report  of  the  joint  commission,  to  be  appointed  bTJ 
the  respective  Governments,  shall  be  laid  before  them,  v  itli  such  otherl 
evidence  as  either  Government  may  submit.  The  contracting  powers! 
furthermore  agree  to  cooperate  in  securing  the  adhesion  of  other! 
powers  to  such  regulations. 

In  your  note  of  the  3d  instant  you  propose,  on  behalf  of  Her  Maje8ty's| 
Government,  the  following  additional  article : 

It  shall  be  competent  to  the  arbitrators  to  award  snch  compensntion  as,  in  thcirl 
judgment,  shall  seem  equitable  to  the  subjects  and  citizens  of  either  Power  wlio  shall  I 
be  shown  to  have  been  damuilied  in  the  pursuit  of  the  industry  of  sealing  bytliel 
action  of  the  other  Power. 

The  President  can  not  give  his  assent  to  this  form  of  submitting  the! 
question  of  compensation.  It  entirely  omits  notice  of  the  imi>oitaiitl 
tact  that  the  Government  of  the  United  States,  as  the  owner  of  tlic  sealj 
fisheries  on  the  Priboloft"  Islands,  has  interests  which  have  beei«  iiijiuil 
ously  affected  by  the  pelagic  sealing,  of  which  complaint  lias  been  made| 
in  this  correspondence. 

This  Government  has  derived  a  very  large  annual  income  from  this! 
property,  and  this  income  has,  in  the  opinion  of  the  President,  bt'eul 
very  seriously  impaired  and  imperiled  by  the  de8tru<;tiou  of  the  seal! 
in  the  sea  while  passing  to  and  from  the  breeding  grounds  on  these! 
islands.  The  Government  of  Her  Majesty  has  directly  interposed  to! 
support  the  Canadian  sealers,  and  will  not,  the  President  assumes, (le[ 
sire  to  avoid  responsibility  for  any  damages  which  have  resulted  totliej 
United  States  or  to  its  citizens,  if  it  shall  be  for.nd  by  the  arbitnitorsi 
that  the  pursuit  of  seals  by  these  Canadian  vessels  in  the  sea  was  anl 
infraction  of  the  rights  and  an  injury  to  the  property  of  this  Goveriir 
ment.  The  proposal  submitted  by  you  distinctly  limits  the  liability  ofl 
Her  Majesty's  Government,  in  ca'jc  of  a  decision  in  favor  of  the  Uiiitedj 
States,  to  compensation  to  tho  citizens  of  this  cou  itry.  It  will  be  ap-r 
parent  to  Lord  Salisbury  th^it  whatever  damag«»r,  liave  resulted  froiiii 
pelagic  sealing  as  pursued  by  vessels  flying  ihe  British  flag  have  acT 
orued  tc  the  U  'ited  States  or  to  its  lessees.  The  President  does  iiotj 
doubt  that  the  purpose  of  Her  Majesty's  Government,  in  the  proposall 
under  discussion,  was  to  secure  to  the  party  injured  equitable  coinpi'iiT 
sation  for  injuries  resulting  from  what  may  be  found  by  the  arbitratorsj 
to  have  been  the  unlawful  and  injurious  act  of  either  Government. 

From  the  note  of  Lord  Salisbury  of  February  21,  to  which  refereiic«| 
has  been  made,  I  quote  the  following  : 

There  is  one  omission  in  these  questions  which  I  have  no  doubt  the  Government  ofl 
the  Presiilcnt  will  be  very  glad  to  repair,  and  that  is  the  reference  to  the  arliitratorl 
of  the  question,  what  damages  are  due  to  the  persons  who  have  been  injured,  in  ('iwl 
it  shall  hi  determined  by  him  that  the  action  of  the  United  States  in  seizing  itiiti8b| 
vessels  )uih  been  without  warrant  in  international  law. 

I  am  directed  by  the  President  to  propose  the  following  seventh  audj 
final  clause  in  the  basis  of  arbitration  : 
(7)  It  shall  be  competent  to  the  arbitrators  to  award  such  compeDMl 


BERING   SEA. 


61 


Her  Majesty's! 


ion  as,  in  their  jiKlgfinent,  sball  seem  equitable  to  the  subjectH  or  citi- 
;eiis  of  Great  Britain  wliose  vessels  may  have  been  seized  by  the  United 
tates  in  the  Bering  Sea,  if  such  seizures  shall  be  found  by  the  arbitra- 
ors  to  have  been  unwarranted  ;  i  nd  it  shall  also  be  competent  to  the 
rbitriitors  to  award  to  the  United  States  such  compensation  as,  in 
heir  judgment,  shall  seem  equitable  for  any  injuries  lesulting  to  the 

iiitcil  States  or  to  the  lessees  from  that  Government  of  the  privilege 
if  taking  seals  on  the  Pribilott  Islands  by  reason  of  the  killing  of  seal.s 
D  the  Bering  Sea  by  i)ersons  acting  under  the  protection  of  the  British 
ig,  outside  of  the  ordinary  territorial  limits,  and  since  the  Is*,  day  of 
aiiuary,  1886,  if  such  killing  shall  be  found  to  have  been  an  infraction 

the  rights  of  the  United  States. 

It  being  understood  thi\t  an  arrangement  for  a  joint  commission  is 
0  be  made  contemporaneously  with  the  conclusion  of  the  terms  o," 
rbitration,  I  am  directed  by  the  President  to  propose  the  following 
ieparate  agreement : 

Each  Government  shall  appoint  two  commissioners  to  investigate 
:oiijointly  with  the  commissioners  of  the  other  Government  all  tho 
acts  having  relation  to  seal  life  in  Bering  Sea  and  th^  measures  neces- 
lary  for  its  proi)er  i)rotection  and  preservation.  The  four  commis- 
lioiiers  shall,  so  far  as  they  way  be  able  to  agree,  make  a  joint  report 
acb  of  the  two  Governments ;  and  they  shall  also  report,  eitiier 
oiiitiy  or  severally,  to  each  Government  on  any  point>^  uy.'m  which 
liey  may  be  unable  to  agree.  These '"^ports  shall  not  bo  made  public 
util  tliey  shall  be  submitted  to  the  i  oitrators,  or  it  sliiiil  appear  that 
he  contingency  of  their  being  used  oy  the  arbit'  rs  can  not  arise. 
1  have,  e*^^c., 

WiLLlA.;  l'\   Whari'oin. 


Mr.  Wharton  to  Sir  Julian  Pauncefote. 

Department  of  State, 

Washington,  June  20,  1891. 
Sir:  In  accordance  with  the  request  contained  in  your  note  of  the 
list  instant,  I  have  the  honor  to  transmit  to  you  herewith  a  letter  ad- 
Jressed  by  the.  Acting  Secretary  of  the  Treasury  to  William   H.  Wil- 
liams, esq.,  special  agent  in  charge  of  the  seal  fisheries  in    Alirskii, 
Instructing  him  to  afibrd  to  Sir  George  Baden  Powell,  M.  P.,  and  Prof. 
peor};^  Mercer  Dawson,  agents  of  Her  Britannic  Majesty  to  the  Pribi- 
off  Ishinds,  the  facilities  desired  to  enable  them  to  examine  into  the 
arseal  fisheries  in  Bering  Sea. 
I  have,  etc. , 

William  F.  Wharton. 


Mr.  Wharton  to  Sir  Julian  Pauncefote. 

Department  of  State, 

Washington,  June  2»»,  1891. 
1  The  Acting  Secretary  of  State  presents  his  compliments  to  the  Britisij 
piiiister,  and  has  the  honor  to  state  that  the  memorandum  that  Sir 
luliaii  Pauncefote  left  at  the  Department  of  State  on  the  24th  instant, 
'liitivc  to  the  instructions  given  to  Her  Britannic  Mnj»'st.\'s  vessels  in 
P^'iiii^^  Sea,  was  immediately  communicated  to  the  Navy  Departmeut 
Pf  its  iufornjation. 


62 


BERING  SEA. 


Sir  Julian  Pannce/ote  to  Mr.  Wharton. 


British  Legation, 

Washington,  June  27,  1891. 
Sib  :  I  have  the  honor  to  acknowledge  the  receipt  ot  your  uotcof'tliel 
25th  instant  in  relation  to  the  proposed  Beiing  Sea  arbitration,  and  tol 
inform  you  that  I  transmitted  a  copy  of  it  to  the  Marquis  of  Salisbury! 
by  the  mail  of  the  26th. 
I  have,  etc., 

Julian  PArKOEFoiE. 


Mr.  Wharton  to  Sir  JuHan  Paunce/ote. 

Department  of  State, 

Washington,  July  3, 1891. 

Sir:  Her  Majesty's  Government  having  appointed  two  ageiitG  toi 
visit  the  Bering  Sea  under  the  agreement  between  that  Goveriimentl 
and  the  United  States  of  date  June  15, 1891,  and  the  President  beingl 
about  to  designate  two  persons  to  visit  the  Bering  Sea  for  the  parposel 
of  examining  all  questions  cojiuected  with  seal  life  iu  that  sea  and  theT 
adjacent  waters,  1  have  the  honor  to  propose  that  arrangements  beBimited 
made  to  have  these  agents  of  the  respective  governments  go  togetber| 
so  that  they  ur.ty  make  their  observations  conjointly. 

Awaiting  such  communication  as  Her  Majesty's  Government  may  (lfr| 
sire  to  make  upon  the  subject, 
I  have,  etc., 

William  F.  Wharton. 


Sir  Julian  Paunce/ote  to  Mr.  Wharton. 

British  Legation, 

Washington,  July  6, 1891. 

Sib  :  I  have  the  honor  to  acknowledge  the  receii)t  of  your  note  of  tliol 
3d  instant,  in  which  you  propose  that  arrangements  be  madetoenabla 
the  agents  apiiointed  by  our  respective  Governments  to  visit  tie  Bering 
Sea  for  the  purpose  of  "examining  int(i  .seal  life  to  go  together,  so  tliatj 
they  may  make  their  ob.servations  conjointly. 

I  at  once  communicat«i  this  proposal  to  the  Marquis  of  Salisbury  bvl 
telegram,  and  I  have  rectived  a  reply  from  His  Lordship  to  the  effectj 
that  a  ship  has  already  h^en  chart •  red  to  take  the  British  commission- 
ers to  the  seal  islands,  and  that  tlie  engagement  could  not  now  becau] 
celed,  but  that  the  British  commissioners  will  be  instructed,  when  the^ 
arrive  in  the  islands,  to  coilperate  as  much  as  possible  with  the  comuii* 
sioners  to  be  appointed  by  your  Government  for  the  purposes  of  ' 
inquiry. 

I  have,  etc, 

JTJLIAN  PAUNOEFOTE. 


h'ict. 


BERING   SEA. 


53 


TJKOEFOTE. 


Wharton. 


Sir  Julian  Fauncefote  to  lUr,   Wharton. 

British  Lhoation, 

Washington,  July  6,  1891. 

Sir:  I  have  the  lionor  to  transmit  to  you  herewith,  in  accordance 

iriili  instructions  which  I.  have  received  from  the  Marquis  of  Salisbury, 

topiivs  of  an  act  of  Parliament  enabling  Her  Majesty  the  Queen  to  pro- 

J  ' ;:  by  order  in  council  the  catching  of  seals  by  British  ships  in  Ber- 

I  likewise  inclose  copies  of  an  order  of  Her  Majesty  in  council  issued 
In  virtue  of  the  powers  given  by  the  said  act  and  prohibiting  the  catch- 
ing of  seals  by  liritish  ships  in  Bering  Sea,  within  the  limits  defined 
jtlieieiii,  from  the  24fch  of  June  last  until  the  1st  of  May,  1892. 
1  have,  etc., 

Julian  rAUNOEFOTE. 


ORDER  IN  COUNCIL. 
[£nolo8ure  1  in  Sir  Julian  Pauiiccfote's  note.] 

At  tlio  Court  at  Windsor,  the  23(1  day  of  June,  1891.     Present,  the  Queen's  Most 
tscclleiit  Majesty,  Lord  President,  Earl  of  Limerick,  Mar(|uiB  of  Salisbury,  and  Lord 
rthiirllill. 

WlutiiMS  by  tlio  Hi'ul  iisliery  (Herinj;  Sea)  act,  1891,  it  is  enacted  that  Her  Majesty 
llie  (>'.i('fii  may  by  order  in  council  proliil>it  the  catching  of  seals  by  Hritish  ships  in 
kriiij;  Sea  or  such  part  thereof  as  is  defined  by  the  said  order,  during  the  period 
limitcil  liy  the  order: 
And  wliei'cas  the  expression  "  Bering's  Sea"  in  the  said  act  means  the  seas  known 
iliirinu'  Sea  within  the  limits  described  in  ai:  order  under  the  said  act. 
J  Now  tlicrefore,  Her  Majesty,  in  virtue  of  the  powers  vested  in  her  by  the  said  re- 
|ile(l  act,  by  and  with  the  advice  of  her  privy  council,  is  hereby  pleased  to  order, 
inrt  it  is  liereby  ordered,  as  follows: 

1(1)  This  order  may  be  cited  as  the  seal  lisluiry  (Bering  Sea)  order  in  council, 
11. 

(:')  From  and  after  the  24th  day  of  June,  1891.  until  the  1st  day  of  May,  1892,  the 
jjtcliiiiir  of  seals  by  British  ships  in  Bering  Sea  as  heveinafter  defined  is  hereby 
Itoliiliiicd. 

I  (3)  For  the  purposes  of  the  said  recited  act  and  of  this  ordi     the  expression  "  Behr- 

pp's  8cii "  means  so  much  of  that  part  of  the  Pacilie  Oceu     known  as  Bering  Sea 

lii-8  bpi '.^een  the  ])arallel  of  65^  '.W  north  latitude  and  the  chain  of  the  Aleutian 

lianas,  and  eastward  of  the  following  line  of  demarcation,  that  is  to  say,  a  line  com- 

wiriiij:  at  a  point  in   Bering  Straits  on  the  said  parallel  of  65-  30'  north  latitude, 

its  iiilerscctiou  by  the  meridian  which  pa-sses  midway  between  the  islands  of 

In'soiisipvn  or  Ignalook  and  the  Island  of  Katinanotf  or  Noonarbook;  and  proceed- 

Igtiitiiie  in  a  course  nearly  southwest  through  Bering  Straits  and  the  seas  known 

"iiiiig  Sea,  so  as  to  pass  midway  between  the  northwest  point  of  the  island  of 

iiwroiu'e  and  the  southeast  jtoint  of  Cape  Chonkotski  to  the  meridian  of  172" 

lf8tloii;,'itude;  thence  from  tlie  intersection  of  that  meridian  in  a  southwesterly 

ptectidii,  so  as  to  pa^s  midway  between  the  island  of  Attou  and  the  Copper  Islnud 

Vtho  Konnanderski  couplet  or  gronp  in  the  North  Pacific  Ocean,  to  the  meridian  of 

»"  west  longitude. 

C.  L.  Fbbjl. 


AUNCEFOTE. 


I  Vict, 


SEAL  FISHERY  (BEII RING'S  SEA)  ACT,  1891. 

[Knoloaure  2  In  Sir  Julian  Pauncefoto'snote.] 

Chaptek  19. 


K  the 
nler. 


*  ACT  to  enable  Her  Mnjonty,  by  <r<l(ir  in  oonncil.  to  niiike  special  provision  for  prolil1)iHn{i 
MlclLin;.'  of  »calB  in  Uchriug'fi  Sea  'ly  lltu-  Mijesty's  subjucts  >'iiriug  the  period  named  in  (lie  oi 
illthJmii>,  1801.) 

|B«  it  (Miacted  by  the  Queen's  Most  Excellent  Majesty,  by  and  with  the  advice  and 
»i»'ni  of  the  Lords  Spiritual  and  Temporal  and  Connnons,  in  this  present  Parlia- 
|«iit.H«cnibled,  and  by  the  authority  of  the  same,  as  follows: 

•  (1)  Ib^r  Majesty  the  Qneen  may,  by  order  in  council,  prohibit  the  catching  of 

8.  Ex.  9 13 


54 


BERING   SEA. 


seals  Ity  BritiHli  sliips  in  Ruhring's  Sea,  or  such  part  thereof  as  is  defined  hy  tbeaail 
order,  ilining  tlie  period  limited  by  the  order. 

(2)  While  an  order  in  council  under  this  act  is  in  force — 
(rt)  A  person  belonging  to  a  British  ship  shall  not  kill,  or  take,  or  hunt,  orattempL 

to  kill  or  take,  any  seal  within  Behring's  8ea  during  the  period  limited  bj'  the  order! 
and 

(ft)  A  British  ship  shall  not,  nor  shall  any  of  the  equipment  or  crew  thoreof,  I 
used  or  employed  in  such  killing,  taking,  hunting,  or  attempt. 

(3)  If  there  is  any  eontraventiou  of  this  act,  any  porsoii  committing,  prociirini 
aiding,  or  abetting  such  contravention  shall  be  guilty  of  a  misdemeanor  witliiiith| 
meaning  of  the  merchant  shipping  act,  1854,  and  the  ship  and  her  equi])uieut  ai 
everything  on  board  thereof  shall  be  forfeited  to  Her  Majesty  as  if  an  odVnse  hai 
been  committed  under  section  103  ofthesaidact,  and  the  provisions  of  sections  103  ad 
104  and  part  10  of  the  said  act  (which  are  set  out  in  tne  schedule  to  this  act)  Hhullaiipll 
as  if  they  were  herein  reenacted  and  in  terms  made  applicable  to  an  oifoiisu  iiud  t'o| 
feiture  under  this  act. 

(4)  Any  commissioned  officer  on  full  pay  in  the  naviil  service  of  Her  Majesty  shaj 
have  power,  during  the  period   limited  by  the   order,  to  stop  and  examine  ai 
British  ship  in  Behring's  Sea,  and  to  detain  her,  or  any  portion  of  her  equipment, 
any  of  her  crew,  if  in  his  judgment  the  ship  is  being  or  is  preparing  to  bo  used  ( 
employed  in  contravention  of  this  section. 

(5)  If  a  British  ship  is  found  within  Behring's  Sea  having  on  board  thereof  fi8| 
ing  or  shooting  implements  or  seal  skins  or  bodies  of  seals,  it  shall  lie  oil  the  i 
or  master  of  such  ship  to  prove  that  the  ship  was  not  used  or  employed  in  eontd 
vention  of  this  act. 

2.  (1)  Her  Majesty  the  Queen  in  council  may  make,  revoke,  and  alter  orders f 
the  purposes  of  this  act,  and  every  such  order  shall  be  forthwith  laid  before  bo| 
houses  of  Parliament  and  published  in  the  London  Gazette. 

(2)  Any  such  order  may  contain  any  limitations,  conditions,  qunliticatiou8, 
exceptions  which  appear  to  Her  Majesty  iii  council  expedient  for  carrying  iutoei 
the  object  of  this  act. 

3.  (1)  This  act  shall  apply  to  the  animal  known  as  the  fur  seal,  and  to  any  marij 
animal  specitied  in  that  behalf  by  an  order  in  council  imder  this  act,  and  the  exprt 
sion  "seal"  in  this  act  shall  be  construed  accordingly. 

(2)  The  expression  "Behring's  Sea"  in  this  act  means  the  seas  known  as  Behrini 
Sea  within  the  limits  described  in  an  order  under  this  act. 

(3)  The  expression  "e<iuipment"  in  this  act  includes  any  boat,  tackle,  lishing,! 
shooting  instruments,  and  othei  things  belonging  to  the  ship. 

(4)  This  act  may  be  cited  as  the  seal  fishery  (Behring's  Sea)  act,  1891. 


Schedule. 


,     ENACTMKNTS  OF  MEKCHANT  SllJrPlNG  ACT  (17  AND  18  VICT.,  C.104)  API'LII! 

Section  103.  *  *  *  And  in  order  that  the  above  provisions  as  to  Ibrfeitiil 
may  bo  carried  into  eil'eet,  it  shall  be  lawful  for  any  commissioned  officer  on  I'liUlf 
in  the  military  or  naval  service  of  Her  Majesty,  or  any  British  officer  of  iMistoius,! 
any  British  consular  officei',  to  seize  and  detain  any  ship  which  has,  either  wh4 
or  as  to  any  share  therein,  become  subject  to  forfeiture  as  aforesaid,  ami  to  brl 
her  for  adjudication  before  the  high  court  of  ailmiraltv  in  England  or  Iielaud,! 
any  court  having  admiralty  jurisdiction  in  Her  Miijesty's  dominions;  and  such  col 
may  thereupon  make  such  order  in  the  case  as  it  may  think  fit,  and  ma.v  awarif 
the  officer  bringing  in  tlie  same  for  adjudication  such  portion  of  the  proceeds  off 
sale  of  any  forfeited  shi])  or  share  as  it  may  think  right.  t 

Sec.  104.  No  such  officer  as  ivforesaid  shall  be  responsible,  either  civilly  or  crij 
nally,  to  any  person  whomsoever,  in  resi)ect  of  the  seizure  or  detention  of  any  s 
that  has  been  seized  or  detained  by  him  in  pursuance  of  the  provisions  herein  c 
tained,  notwithstanding  that  such  ship  is  not  brought  in  for  adjudication,  or,  ifl 
brought  in,  is  declared  not  to  bo  liable  to  forfeiture,  if  it  is  shown  to  the  satisfactl 
of  the  jndge  or  court  before  whom  any  trial  relating  to  such  ship  or  such  seiziirJ 
detention  is  held  that  there  were  reasonable  grounds  for  such  seizure  or  detentij 
but  if  no  sueli  grounds  are  shown,  such  judge  or  court  may  award  paynicutofc 
and  damages  to  any  party  aggrieved,  and  make  such  other  order  in  the  premisf 
it  thinks  just. 


BERING   SEA. 


66 


Dflncd  l).v  the  sail 


PART  X.~LEGAI.  PROCEDURE. 


Application. 

Section  517.  The  tenth  part  of  this  act  shall  in  all  oases,  where  no  particular 
Itoimtry  i»  mentioned,  apply  to  the  whole  of  Her  Majesty's  dominions. 

Legal  procedure  {general). 


known  aa  Behrin 


r.,  C.104)  APruEfl 


Section  518.  In  all  places  within  Her  Majesty's  dominions,  except  Scotland,  the 
|tlfen8c»  hereinafter  mentioned  shall  he  punished  and  penalties  recovered  in  manner 
|tollo\viii({,  that  is  to  say: 

(1)  Every  offense  by  this  act  declared  to  bo  a  misdemeanor  shall  be  punishable 
'  tine  or  imprisonment  with  or  without  hard  labor,  and  the  court  before  which 

Bcli  ort'i'iise  is  tried  may  in  England  make  the  same  allowances  and  order  payment  of 
esniiii'  costs  and  expenses  as  if  such  misdemeanor  had  been  enumerated  in  the  act 
ised  in  the  seventh  year  of  his  late  Majesty  King  (ieorge  the  Fourth,  chapter  64, 
iiany  (ither  act  that  may  be  jtassed  for  the  like  purpose,  and  may  in  any  other  part 
fHer  Majesty's  dominions  make  such  allowances  and  ordv>r  payme)\t  of  such' costs 
nil  expenses  (if  any)  as  are  payable  or  allowable  upon  the  trial  of  ai  y  misdemeanor 
Biler  iii;y  existing  act  or  ordinance  or  as  may  be  payable  or  allowable  I'.aaer  any 
Ktorliiw  for  the  time  being  in  force  therein. 

(2)  Kvery  offense  declared  by  this  act  to  be  a  misdemeanor  shall  also  be  deemed  to 
(an  (iltense  hereby  made  punishable  by  imprisonment  for  any  period  not  exceeding 

nntlis,  with  or  without  hard  labor,  or  by  a  penalty  not  exceeding  £100,  and  may 
(proseouted  accordingly  in  a  summary  manner,  instead  of  being  prosecuted  as  a 
Misdemeanor. 

13)  Every  offense  hereby  made  punishable  by  imprisonment  for  any  period  not  ex- 
wliiid  ()  months,  with  or  without  hard  labor,  or  by  any  penalty  not  exceeding  £100, 
Aallin  England  and  Ireland  be  prosecuted  sumnnriliy  before  any  two  or  more  jus- 
pices,  us  to  England  in  the  manner  ilireoted  by  the  act  of  the  eleventh  and  twelfth 
»ra  (if  tiie  reign  of  Her  Majesty  Queen  Victoria,  chapter  43,  and  as  to  Ireland  in 
Huiiniier  directed  by  the  act  of  tlie  fourteeutli  and  lifteenth  years  of  the  reign  of 
r  Majesty  Queen  Victoria,  chapter  9.3,  or  in  such  other  manner  as  may  be  directed 
r  any  aet  or  acts  that  maybe  jiassoil  for  like  purposes.  And  "'  provisions  eon- 
kineil  in  the  said  acts  shall  l)e  applicable  to  such  prosecutions  in  the  same  manner  as 
ptlie  otl'enses  in  respect  of  which  the  same  are  instituted  were  hereby  stated  to  be 
i(ffD808  in  respect  of  which  two  or  more  justices  have  power  to  convict  summarily 
iiomalie  a  summary  order. 

I  (t)  hi  all  cases  of  sumniaty  convictions  in  England,  where  the  sum  adjudged  to  be 
liiil  ixeeerts  £.'>,  or  the  period  of  imprisonment  adjudged  exceeds  1  month,  any  por- 
|tinvh()  tliinks  himself  aggrieved  by  such  conviction  may  appeal  to  the  next  court 
ifgcni  ral  or  ((uurter  sessions. 

[(■i)  All  (iffensoH  under  this  act  shall  in  any  British  iiossessiim  be  pnnisahble  in  any 
Wt  or  by  any  justice  of  the  peace  or  magistratti  in  which  or  by  whom  offenses  of  a  . 
Befhinaeter  are  ordinarily  punishable,  or  in  such  other  manner,  or  by  such  other 
Justices,  or  magistrates,  as  may  from  time  to  time  be  determined  by  any  act 
lordiiiance  duly  made  in  such  po.ssession  in  such  manner  as  acts  and  ordinances  in 
ich  possession  are  required  to  be  made  in  oriler  to  have  the  force  of  law. 
ISec.  alit.  Any  stipendiary  magistrate  shall  have  full  power  to  do  alone  whatever 
FO justices  of  the  peace  are  by  this  act  authorized  to  do. 

!E(;..')L'().  For  the  purpose  of  giving  jurisdiction  under  this  act,  every  offense  shall 
•  ileonied  to  have  been  committed,  and  every  cause  of  complaint  to  have  arisen, 
piT  in  t  lie  place  in  which  the  same  actually  was  committed  or  arose  or  in  any  place 
kfliieli  the  offender  or  person  complained  against  may  be. 

|Sk('.  rci.  In  all  cases  where  any  district  witliin  which  any  court  of  justice  of  the 

»oc  or  other  magistrate  has  jurisdiction,  either  under  this  act  or  under  any  other 

■^oriit  eommonlaw,  for  any  purpose  whatever,  is  situate  on  the  cnp.st  of  any  sea, 

falmtting  on  or  projecting  into  any  bay,  channel,  lake,  river,  or  other  navigable 

F>t«r,  every  such  court,  justice  of  the  peace,  or  magistrate  si' all  have  jurisdiction 

Jaauy  ship  or  boat  being  on  or  lying  or  passing  off  such  co:.st,  or  being  in  or  near 

p'lav,  eh.annel,  lake,  river,  or  navigable  water  as  aforei'aid,  and  over  all  persons 

Aboard  Kiich  ship  or  boat  or  for  the  time  being  belonging,  thereto,  in  the  same  man- 

TasiiHiich  ship,  boat,  or  persons  were  within  the  li-aits  of  the  original  jurisdic- 

» of  such  court,  justice,  or  magistrate. 

l*Ec.  52J.  Service  of  any  suiiHiions  or  other  matter  in  any  legal  proceeding  under 

•  aetsliall  be  good  service  it  made  personally  on  ttie  person  to  be  served,  or  at  his 

t  place  of  abode,  or  if  made  by  leaving  such  summons  for  him  on  board  any  ship 


56 


BERING   SEA. 


to  wliicli  li»»  ip.ny  ItoloiiK  witli  tlio  pornon  Ixiiiij^  df  appoarlng  to  lie  In  command  or 
chnTi;o  of  sucli  slii)). 

SJ'X'.  oL'li.  Iti  Mil  cMSfs  wlicic  iniy  CDiiit,  Justice  or  /iiisticcs  of  tlio  poaco,  ov  other 
maj^iHlratc,  has  or  have  power  fn  iiiakc  an  onlir  dircctin;;  payment  to  be  made  of  any 
eeanian's  wajics,  pcnallii's,  or  other  huhis  of  money,  then,  if  tlit!  party  so  directed  to 
pay  the  tianie  is  the  niastcr  or  owner  of  a  sliii),  and  tlie  same  is  not  (laid  at  tlie  time 
anil  in  manner  ])reserilie<l  in  the  order,  tlie  court,  justice  or  justices,  or  othermajjis- 
trate  who  maih^  the  order,  may,  in  addition  to  any  other  powersthey  or  he  may  liavo 
for  the  purpose  of  compidlinn  payment,  din^ct  tJie  amount  rcnuiiniiiK  unjiaiil  to  Ix^ 
levied  hy  rlistress  or  poindinj;  and  saht  of  the  said  8hi(i,  her  taekh\  furniture,  anil 
apparel. 

8k.C.  524.  Any  court,  justice,  or  niaj-istrate  ini]»osinfi;  any  penalty  under  this  art 
for  whicli  no  specitic.  ai)])lication  is  herein  ]irovided  may,  if  it  or  he  thinks  fit,  direct 
the  whole  or  any  ]>!irt  thereof  to  i)e  a]iplied  in  compensatiiijj  any  person  for  any 
wrony  or  damage  which  he  may  have  sustained  by  the  act  or  default  in  re8i)ect  of 
■whicli  sneh  penalty  is  im])osed,  or  to  he  ajtplicd  in  or  towards  ))ayment  of  the  ex- 
penses of  the  proceedin,nB;  and,  srUject  to  such  directions  or  sfxcitie  a])])lication  as 
aforesaid,  all  ])enalties  recoveri'd  in  the  liiiited  Kingdom  shall  ho  j»aid  into  the  re- 
ceipt of  Her  Majesty's  exchef[Mer  in  such  manner  as  the  treasury  may  direct,  and 
shall  he  cmried  to  and  form  jiart  of  the  consolidated  fund  of  the  I'nited  Kingdom; 
and  all  pcuialties  recox-erod  in  any  British  |)ossessi(m  shall  he  paid  over  into  the  puhlic 
treasury  of  such  jiossessiou,  and  form  ))art  of  the  i>nl)lic  revenue  thereof. 

Skc.  52.5.  The  lime  for  instituting  suimnary  proceedings  under  this  act  shall  be 
limited  as  follows,  that  is  to  say: 

(1)  No  conviction  for  any  ollenso  shall  1)6  nuide  under  this  act  in  any  summary 
proceeding  instituted  in  the  I'nitcd  Kingdom,  unless  such  proceeding  is  commencud 
within  6  months  alter  the  commission  of  the  ollenso;  or,  if  both  or  either  of  the 
parties  to  such  proceeding  liap]ten  during  such  time  to  be  out  of  the  United  Kingdom, 
unless  the  same  is  commenced  wit hiu  2  months  after  they  both  lirst  happen  to  arrive 
or  to  be  at  one  time  within  the  same. 

(2)  No  conviction  for  any  olVcnse  shall  be  made  under  this  act  in  any  proceeding 
instituted  in  any  liritisli  possession,  unless  such  proceeding  is  counnenced  within  ti 
months  .'ittcr  the  commission  of  the  offense;  or,  if  both  or  either  of  the  parties  to  tlie 
proceeding  hai)pen  during  such  time  not  to  he  within  the  jurisdiction  of  any  court 
capable  of  dealing  with  the  case,  unless  the  same  is  commenced  within  2  raontlis 
after  th(\v  both  first  happen  to  arrive  or  to  be  at  one  time  within  such  jurisdiction. 

(3)  No  order  for  the  payment  of  money  shall  be  made  un:'er  this  act  in  any  suni- 
m.iry  ])roceetliiig  instituted  in  the  United  Kingdom,  unless  such  proceeding  is  com- 
meuced  within  fi  months  after  the  cause  of  com]daint  arises;  or,  if  both  or  either  of 
the  parties  hajipcn  during  such  time  to  be  out  of  the  United  Kingdom,  unless  the 
same  is  commenced  within  6  months  after  they  both  first  happen  to  arrive  or  to  beat 
one  time  within  the  same. 

(4)  No  order  for  the  ])aymeut  of  money  shall  be  made  under  this  act  in  any  sum- 
mary ])roceeding  instituted  in  any  Hritish  possession,  unless  such  proceeding  is  com- 
mencetl  within  (5  montlis  after  the  cause  of  comjilaint  arises;  or,  if  both  or  either  of 
the  parties  to  the  proecHvling  hajjpen  during  snch  time  not  to  be  within  the  jurisdic- 
tion of  any  court  capable  of  dealing  with  th*;  ease,  unless  the  same  is  commoucwl 
within  6  mouths  after  they  both  first  happen  to  arrive  or  bo  at  one  time  within  sach 
jurisdiction. 

And  no  provision  contained  in  any  other  act  or  acts,  ordinance  or  onanances,  for 
limitinj^  the  time  within  which  summary  proceedings  may  be  instituted  shall  affect 
any  summary  procee<ling  under  this  act. 

Sec.  620.  Any  document  reiinired  by  this  act  to  be  executed  in  the  presence  of  or 
to  be  attested  by  any  witness  or  witnesses  may  bo  proved  by  the  evidence  of  any 
person  who  is  able  to  bear  witness  to  the  requisite  facts,  without  calling  the  attest- 
ing witness  or  witnesses  or  any  of  tiiem. 

Skc.  527.  Whenever  any  injury  has,  in  any  part  of  the  world,  been  caused  to  any 
property  belonging  to  Her  Majesty  or  to  any  of  Her  Majesty's  subjects  by  any  for- 
eign ship,  if  at  any  time  thereafter  such  ship  is  found  in  any  jiort  or  river  of  the 
United  Kingdom  or  within  3  miles  of  the  coast  thereof,  it  shall  he  lawful  for  tlie 
judge  of  any  court  of  record  in  the  United  Kingdom,  or  for  the  judge  of  the  high 
court  of  admiralty,  or  in  Scotland  the  court  of  session,  or  the  sheriff  of  the  county 
■within  whose  jurisdiction  such  ship  may  be,  upon  its  being  shown  to  him  by  any 
person  applying  summarily  that  such  injury  was  probably  caused  by  the  misconduct 
or  want  of  skill  of  the  master  of  mariners  of  such  ship,  to  issue  an  order  directed  to 
any  ofTlcer  of  customs  or  otht^r  olMcer  named  by  such  judge,  re(]Viiring  him  to  detain 
such  ship  until  such  time  as  the  owner,  master,  or  consignee  thereof  has  made  satis- 
faction in  respect  of  such  injury,  or  has  given  security,  to  be  approved  by  the  judge, 
to  abide  the  event  of  any  action,  suit,  or  other  legal  proceeding  that  may  be  insti- 
tuted in  respect  of  such  injury,  and  to  pay  all  costs  and  damages  that  may  be  awaided 


BERING   SEA. 


57 


II  Gnmmand  or 

ICllCO,  01    otllOT 

)(■  iiuulo  of  iiiiy 
80  directed  to 
(id  at  the  time 
>!•  otlior  Hindis- 
)r  lid  may  Iimvo 
f  iiii)iaiii  to  1)(" 
i'uniitnri',  and 

under  tliis  not 
links  fit,  direct 
]ierson  ibr  any 
t  in  r('8])ct't  of 
iiont  of  tbo  px- 
a))])licatioii  as 
lid  into  till!  rc- 
iiay  direct,  and 
it(^d  Kingdom; 
into  tbe  jnihlic 
^of. 
is  act  shall  be 

1  any  snininary 
T  Is  coninicnt'«d 
or  either  of  the 
iiited  Kingdom, 
appento  arrive 

any  proceeding 
icneed  within  (i 
e  parties  to  tlie 
m  of  any  court 
ithin  2  moiitliti 
ch  jurisdiction, 
ct  in  any  sum- 

ceding  is  com- 
otli  or  cither  of 

oin,  unless  the 
ive  or  to  heat 

ct  in  any  sum- 
ceding  IS  com- 
th  or  eitlier  nf 
n  the  Jurisdic- 
is  eoninioiiccd 

me  within  such 

oruinances,  for 
ted  shall  aliect 

prtisence  of  or 
videncc  of  any 
ling  the  attest- 

cansed  to  any 
cts  by  any  for- 
or  river  of  the 

lawful  for  the 
Ige  of  the  high 

of  the  county 

to  him  by  any 
the  misconduct 
dor  directed  to 
r  him  to  detain 
bas  made  sutis- 
d  by  the  judge, 
may  be  iusti- 

,ay  be  awarded 


thereon;  and  any  officer  of  custoiiin  or  other  ofllcer  to  whom  such  order  is  directed 
shall  detain  such  ship  accordingly. 

Si:(;.  51^8.  In  any  ease  wiiere  it  appoiirs  that  before  any  aiiplication  eaii  lie  made 
nnder  the  foregoing  section  sucii  foreign  shi])  will  hnve  depaiti'd  lioyond  the  limits 
therein  mentioned,  it  shall  be  lawful  for  any  eommiMsinncil  ol'tiecr  on  full  ])ay  in  tho 
niilitary  or  nav.il  service  of  Her  Majesty,  or  any  lirilisli  oHicer  of  eustoius,  or  any 
liritish  consular  ottii^er  to  detain  such  ,slilp  niitii  sucli  time  a.s  will  allow  sueb  apidi- 
cat ion  to  be  made  and  the  result  thenvof  to  be  eommiiui(^!it(^d  to  him;  and  no  suidi 
ollicer  shall  be  liable  for  any  costs  or  damages  in  respect  of  such  detention  unless 
the  same  is  proved  to  have  been  mad-'  wilhuiit  reaaoiiiible  grounds. 

Skc.  52n.  In  any  action,  suit,  or  other  proeoediiig  in  relntion  to  sneli  injury,  tho 
person  so  giving  seimrity  as  aforesaid  shall  bo  made  defondautor  dcfcmb^r,  ami  shall 
he  stated  to  be  the  owner  of  the  sliip  that  has  occasioned  sn(^h  damiige;  and  the  pro- 
duction of  the  order  of  the  judge  made  in  rtdation  to  such  security  shall  be  conclu- 
sive evidence  of  the  liability  of  such  defendant  or  defender  to  such  action,  suit,  or 
other  proceeding. 

Legal  procedure  (Scotland). 

Sec.  530.  In  Scotland  every  offense  which  by  this  act  is  described  as  a  felony  or 
misdemeanor  may  be  prosecuted  by  indictment  or  criminal  letters  at  the  instance  of 
Her  Majesty's  advocate  before  the  high  court  of  justieiiiry,  or  by  eriiniiiiil  libel  at 
the  instance  of  the  procurator  iiseal  of  the  county  Ix'Coro  the  sjierilf,  and  shall  be 
punishable  with  fine  and  with  imprisonment,  with  or  without  lianl  lalior,  in  default  of 
payment,  or  with  imprisonment,  with  or  without  hard  labor,  or  with  both,  as  the 
(•(iiivt  may  think  fit,  or  in  the  ease  of  felony  with  |)eniil  servitude,  where  the  court 
is  e(un]ietent  thereto;  and  such  court  may  also,  if  it  think  tit,  order  )iaymcnt  by  the 
(ittender  of  the  costs  and  expenses  of  the  jiroseeutiDU. 

Skc.  531.  In  Scotland,  all  prosecutions,  com))laiiits,  actions,  or  proceedings  under 
this  act,  other  than  prosecutions  for  felonies  ttv  mis(lem(!:mors,  may  be  brought  in  a 
summary  form  before  the  sheriff  of  the  county,  or  before  any  two  justices  of  the 
]iiaeo  of  the  county  or  burgh  whore  tim  cause  of  such  i>rosceuti(Ui  or  action  arises, 
01'  wh^ro  the  offender  or  defender  may  be  for  the  tinn-,  and  when  of  a  criminal  na- 
ture or  for  penalties,  at  the  instance  of  the  jirocurator  iiseal  .,f  court,  or  at  the  in- 
staiKic  of  any  party  aggrieved,  with  com^nrrcncc  of  the  ]>roeurator  tiseal  of  court; 
an<l  the  court  may,  if  it  think  (it,  ord<'r  i»aymcnt  by  tins  olfeiidijr  or  defender  of  the 
costs  of  prosecution  or  action. 

Skc.  .532.  In  Scotland  all  prosecutions,  complaints,  ai^tions,  or  other  proceedings 
rniler  this  act  may  be  brought  cither  iu  a  written  or  printed  form,  or  i)artly  written 
ami  partly  priutecl,  and  where  such  iiroeeedings  are  brought  in  a  summary  form  it 
shall  not  be  necessary  in  the  c(mi])laint  to  recite  or  set  Ibrtb  the  clause  or  clauses  of 
the  act  on  which  such  proceeding  is  founded,  but  it  shall  bi^  suflicieut  to  s](ecify  or 
ret'er  to  such  clause  or  cl.luses.  and  to  set  forth  shiutly  tho  cause  of  eoin])laiut  or 
acticm  and  the  remedy  sought;  and  when  such  complaint  or  iietion  is  broiiglit  in 
whole  or  iupar*^  for  tho  enlbrccment  of  a  ])ccuniary  deld  or  demand  the  complaint 
may  contain  a  prayer  for  warrant  to  arrest  n])ou  the  ilr)>ciidenee. 

Skc  .">H3.  In  Scotlaiul,  on  any  ccnnjdMiiit  or  other  ]Moefeiling  brought  iu  a  sum- 
mary form  under  this  act  being  prcscntiMl  to  the  sheriff  cleric  or  (derk  of  tbe  pcac^e, 
he  shall  grant  warrant  to  cite  the  defender  to  a|>)ienr  ])ersotiiilly  before  the  said 
sheriff  or  justices  of  the  peace  on  a  day  lixcd,  and  at  the  saim;  time  shall  ajipoint  a 
iii|iy  of  the  same  to  be  delivered  to  him  by  a  sherilf  olliecr  or  eonstable,  as  tlii!  ease 
may  be,  along  with  the  citation;  and  such  (hdivcrance  shall  also  emitjiin  a  warrant 
tor  citing  witnesses  and  haviM's  to  eoiii])ear  at  th(>  sam(^  time  and  ])laee  to  give  evi- 
ilence  and  produc^such  writs  as  may  be  specititMl  iu  their  citation  ;  and  where  such 
warrant  has  been  prayed  for  in  the  comjilaint  or  other  proecciliug,  the  deliverance 
of  the  sheriff  clerk  or  clerk  of  the  peace  shall  also  contain  warrant  to  arrest  upon 
the  dependence  in  common  form:  Proridcd  aliraiiK,  I'liat  wbcre  tlic  ajiiirchension  of 
any  party,  with  or  without  a  warrant,  is  authorized  by  this  ai't,  such  jinrty  may  be 
dei;iiuod  in  custody  until  he  can  be  brought  at  the  earliest  op)un-lunity  before!  any 
two  justices,  or  the  sbcritf  who  may  have  jurisdiction  in  the  place,  to  be  dcilt  with 
iis  tiiis  act  directs,  ami  no  citati(m  or  inducia'  shall  in  such  case  lie  necessary. 

Skc.  534.  When  it  becomes  uecesaary  to  execute  such  arrestment  on  tlnMlependcuco 
fiuai list  goods  or  ellVcts  of  the  defender  within  Scotland,  but  not  locally  situated 
wiiliiii  tTio  jurisdiction  of  the  sherill' or  justices  of  the  jicace  by  wbomtlie  warrant  to 
iinest  has  been  granted,  it  shall  be  eoin[ietciit  to  carry  thi;  warrant  into  execution 
"11  its  being  indorsed  by  tlii;  slicrilV  clerk  or  clerk  of  the  ]ieace  of  tbe  county  or  burgh 
respectively  within  which  such  warrant  comes  to  be  executed, 

Si;c.  !r>'d't.  In  all  proceedings  under  this  act,  in  Seotbind  the  slieritf  or  justices  of  tho 
peace  shall  have  the  same  power  of  (jompclliiig  attendance  of  witnesses  and  havers  as 
ill  i-ases  falling  under  their  ordinary  jiirisdictiou. 


68 


BERING   SEA. 


Skc.  536.  The  whole  procedure  iu  cnsi-s  hronght  in  a  sumiiiary  fonn  before  the  shcrilT 
or  juHticos  of  the  peace  in  Scotland  hhnll  be  conducted  riva  j'opo,  M'i thou t  written 
pleadiufjs,  and  without  taking  down  the  evidence  in  writing,  and  no  record  shall  )ii' 
kept  of  tlie  iiroceediiigs  other  than  the  conipluiut  and  the  sentence  or  decree  pro- 
nounced thereon. 

Skc.  537.  It  shall  be  in  the  power  of  the  sheriif  or  justices  of  the  peace  in  Scotlimd 
to  adjourn  tlie  proceedings  from  time  to  time  to  any  day  or  days  to  lie  fixed  by  them, 
in  the  event  ot  absence  of  witnosHes  or  of  any  other  cause  which  shall  ajipear  to 
them  to  rend<*r  sucli  adjournment  necessary. 

Skc.  538.  In  Scotland  all  sentences  and  dec-recs  to  be  pronounced  by  t\w  sheriff  or 
justices  of  peace  upon  such  summary  complaints  shall  be  in  writing;  an«l  wliciu 
there  is  a  decree  for  payment  of  any  sum  or  sums  of  money  against  a  defender, 
such  decree  shall  contain  warrant  for  arrestment,  poinding,  or  imprisonment  in 
default  of  payment,  such  arrestment,  poinding,  or  imprisonment  to  be  carried  into 
effect  by  sheriffs'  officers  or  constables,  as  the  case  may  be,  in  the  same  manner  as 
in  cases  arising  under  the  ordinary  jurisdiction  in  the  sheriff' or  justices :  Provided 
always.  That  nothing  herein  contained  shall  be  taken  or  construed  to  rejieal  or  affcet 
an  act  of  the  fifth  and  sixth  years  of  William  the  Fourth,  intituled  "  Au  act  for  abol- 
ishing, iu  Scotland,  imprisonment  for  civil  debts  of  small  amount." 

Sec.  539.  In  all  summary  complaints  any  proceedings  for  recovery  of  any  penalty 
or  sum  of  money  in  Scotland,  if  a  defender  who  has  been  duly  cited  shall  not  appear 
at  the  time  and  place  required  by  the  citation,  lie  shall  be  licld  as  confessed,  and 
sentence  or  decree  shall  be  pronounceil  against  him  in  terms  of  the  complaint,  with 
such  costs  and  expenses  as  to  the  court  shall  seem  tit :  Provided  always,  that  he  sliiiU 
be  entitled  to  obtain  himself  reponed  against  auy  such  decree  at  any  time  before 
the  same  be  fully  implemented,  by  lodging  with  the  clerk  of  court  a  roponing  noto, 
and  consi.:{ning  in  his  hands  the  sum  decerned  for,  and  the  costs  which  had  been 
awarded  by  the  court,  and  on  the  same  day  delivering  or  transmitting  through  tlio 
post  to  the  ])ur8uer  or  his  agent  a  cojiy  of  such  re])oning  note;  and  a  certilicate  liy 
the  clerk  of  court  of  such  note  having  been  lodged  shall  operate  as  a  sist  of  diligeiu'e 
till  the  cause  shall  have  been  reheard  and  finally  disposed  of,  which  shall  be  on  the 
next  sitting  of  the  court,  or  on  any  day  to  which  the  court  shall  then  adjourn  it. 

Skc.  510.  In  all  summary  coinplaiuts  or  other  proceedings  not  brought  for  the 
recovery  of  any  penalty  or  sum  of  money  in  Scotland,  if  a  defender,  being  duly  cited, 
shall  fail  to  appear,  the  sheriff  or  justices  may  grant  warrant  to  apprehend  and  bring 
him  before  the  court. 

Skc;.  541.  In  all  cases  where  sentences  or  decrees  of  the  sheriff"  or  justices  require 
to  be  enforced  within  Scotland,  but  beyond  the  jurisdiction  of  the  sheriff' or  justices 
by  whom  such  sentences  or  decrees  have  been  pronounced,  it  shall  be  competent  to 
carry  the  same  into  execution  upon  the  same  being  indorsed  by  the  sheriff  clerk  or 
clerk  of  the  peace  of  the  county  or  burgh  within  which  such  execution  is  to  take 
place. 

Sec.  542.  No  order,  decree,  or  sentence  pronounced  by  any  sheriff'  or  justice  of  the 
peace  in  Scotland  under  the  authority  of  this  act  shall  be  quashed  or  vacated  ioi 
iiny  misnomer,  informality,  or  defect  of  form;  and  all  orders,  decrees,  and  sentences 
so  pronounced  shall  be  final  and  conclusiv<!,  and  not  subject  to  suspension,  advoca 
tion,  reduction,  or  to  any  form  of  review  or  stay  of  execution,  except  on  the  ground 
of  corruption  or  malice  on  the  part  of  the  sheriff  or  justices,  in  which  case  the  sum- 
pension,  advocation,  or  reduction  must  be  brought  within  fourteen  days  of  the  date 
of  the  order,  decree,  or  sentence  comi)lained  of:  Provided  always,  that  no  stay  of 
execution  shall  be  competent  to  the  effect  of  preventing  immediate  execution  of  smh 
oru-er,  decree,  or  sentence. 

Sec.  543.  Such  of  the  general  provisions  with  respect  to  jurisdiction,  procedure, 
and  penalties  contained  in  this  act  as  are  not  inconsistent  with  the  special  rules 
hereinbefore  laid  down  for  the  (souduct  of  legal  proceedings  and  the  recovery  of  pcu- 
alties  in  Scotland,  shall,  so  far  as  the  same  are  applicable,  extend  to  such  last-men- 
tioned proceedings  and  penalties :  I'l-ovided,  alwayx,  that  nothing  in  this  act  contained 
shall  be  held  in  any  way  to  annul  or  restrict  the  common  law  of  Scotland  with  re- 
gard to  tlie  prosecution  or  punishment  of  offenses  at  the  instance  or  by  the  direction 
of  the  lord  advocate,  or  the  rights  of  owners  or  creditors  iu  regard  to  enforcing  a  ju- 
dicial sale  of  any  ship  and  tackle,  or  to  give  to  the  high  court  of  admiralty  of  Enj;- 
land  any  jurisdiction  in  respect  of  salvage  iu  Scotland  which  it  liaa  not  lierotofore 
had  or  exercised. 


BERING   SEA. 


59 


Sir  Julian  Paunce/ote  to  Mr.  Wharton, 

British  Legation, 

Washington,  July  7,  1891. 

SfR:  With  reference  to  the  inomoraiKliiin  which  1  left  in  your  liandfl 
oil  tlie  2;kl  iiltimu,  resitec.tiiig  the  BritiHh  instructions  to  naviil  ofllicers 
in  tiie  Berinpf  Sea,  1  have  the  lionorti)  transmit  lierewith,  by  direction 
ot  tlie  Marfjuis  of  Salisbury,  a  full  note  of  the  instructions  sent  to  the 
senior  British  naval  ollicer  on  tlie  North  Pacific  station  with  rej^ard  to 
the  steps  to  be  taken  to  prohibit  the  killing  of  seals  in  certain  specitied 
lioitiouH  of  the  Bering  Sea. 
I  have,  etc., 

Julian  Paunoefotb. 


NOTE. 


[IncIoguTA  In  Sir  .Tiilinn  I'aunRefote's  note.] 

Tlio  instruutions  to  the  Nciiior  iiiival  <)fli<5«r  on  the  Nortli  Pacific  station,  after  rt'cit 
iiii;  tilt)  |)rovi8i()n8  of  tlio  sciil  fiHliory  (Ucriiij;  Sea)  net,  1891,  and  HtutiuK  that  tlio 
(inltir  ill  council  passed  tliereunder  apidicH  only  to  tiiiit  part  of  Bering  Sea  wliich 
isciist  of  the  line  of  demarcation  thereinafter  described,  ])roceeds  as  tollows: 

'•  Your  instructions  arc  to  proceed  at  once  with  Xymphe  and  PUtaHunt  to  Bering 
Si;i  and  cruise  to  oastwnnl  of  above-named  line,  as  may  Ik-  necessary,  warning  every 
slii])  under  British  colors  whicli,  in  your  Judgment,  is  hunting  seals  or  picparing  to 
do  so.  If  you  think  she  is  acting  in  ignorance  of  the  jirohibitiou  or  believes  herself 
to  i)c  outside  prohibited  waters,  yon  may  hit  li<i'  go  with  warning.  If  a  ship  is  found 
deliberately  ofleiidiug,  confiscate  all  her  equi])nient  necessary  for  sealing  and  record 
iiiiiiies  of  ship  ami  master  for  jirosecntion  afterwards. 

"If  you  find  American  vessels  deliberately  otfending,  yon  are  iiuthorized  by  coii- 
vpiitioii  just  signed  to  arrest  her,  and  you  should  record  name  of  captain  and  vessel 
uiid  proof  of  otl'euse,  infonning  American  authorities.  If  you  can,  it  will  lie  your 
duty  to  coiiperate  with  American  cruisers,  who  will  have  similar  orders. 

■^\ymphe  and  I'lieamint  to  procci-d  at  once  on  this  duty.  I'orpoine  will  i>roceod  to 
Iliuliuk  Harbor,  Oynalaska,  from  (liiiia,  to  be  under  command  of  .Xymphe,  who  will 
give  copy  iustriictions  for  guidance.  These  vessels  to  remain  on  this  service  until 
close  of  fishing  season. 

"The  line  of  demarcati(m  proceeds  in  a  course  nearly  southwest  through  Bering 
strait  and  Bering  Sea,  so  as  to  pass  midway  between  the  northwest  point  of  the 
Island  of  St.  Lawrence  and  the  southeast  point  of  Cape  Tchukotoki  to  tin'  meridian 
uf  ITC^  west  lonitude;  thence  from  thiMntersectioii  of  that  meridian  in  a  soutliwcst- 
crly  direction,  so  as  to  pass  miilway  betwiuiu  tiie  Island  of  Atton  and  the  Copper 
Island,  of  the  Kormandorski  couplet  or  group,  in  the  North  Pacific,  to  the  meridian 
of  107^  east  longitude,  so  as  to  include  in  the  territory  conveyed  the  whol»»  jf  the 
Aleutian  Islands  east  of  that  meridian." 


Mr.  Adee  to  Sir  Julian  Paunccfote. 

Department  of  State, 

Washington,  July  8,  1891. 
Sir:  I  have  the  honor  to  acknowledge,  with  thanks,  the  receipt  of 
the  (!opies  of  an  act  of  Parliament  relating  to  the  catching  of  seals  by 
I'>iitish  ships  in  Bering  Sea,  and  aLso  of  the  copies  of  an  order  of  Her 
Hii  tannic  Majesty  in  (iouncil  on  the  aame  subject  that  accompanied  you 
note  of  the  Gth  instant. 
I  have,  etc., 

Alvey  a.  Adee, 

Acting  Seoretary. 


CO 


BERINQ   SEA. 
Mr.  Wharton  to  Sir  Julian  Pauncefote. 


Dkpartmknt  op  State, 

]V(itiliiii(jtoH,Jul!f  9,  1891, 

Sir:  I  liavo  tho  honor  to  iicknowkHlgo  the  receipt  of  your  note  of  tlie 
7tli  iuHtaut,  with  accouiijaiiyiiig  t^opy  of  the  iiiatnieti.'UB  ;o  Her  Britannic 
Majesty's  oHiiiers  ni    Bering  Sea,  anil  to  inform  you  that  I  have  com- 
nuinicated  a  copy  thereof  to  the  American  Navy  Department. 
1  have,  etc., 

William  F.  Wiiauton, 

Acting  Secretary. 


Sir  Julian  Pauncefote  to  Mr.  Wharton. 

British  Leoation, 

Washington,  July  13, 1891. 

Sir:  Since  the  receipt  of  your  note  of  tlie  2r)tli  ultimo,  of  wl.-'-liI 
transniitted  a  copy  to  tlie  Alanpiis  of  Salisbury,  I  have  been  in  U!. 
graphic  communication  with  his  lonlshij)  respecting  the  two  clauses 
(6  and  7)  which,  by  direction  ot  th(^  l*resi<lent,  you  have  proposed  for 
adoption  in  the  JJering  Sea  arbitration  convention,  and  also  respectiii;: 
the  form  of  agreement  for  carrying  out  tlu^  arrangement  for  the  ap])imil 
ment  of  a  joint  commission  to  inquire  into  the  conditions  of  seal  life  iu 
Bering  Sea. 

I  desire  at  present  to  confine  myself  to  the  clause  proposed  in  your 
note,  which  deals  with  the  question  of  compensation,  naujely,  clause  7. 

It  is  the  only  one  which  appears  to  me  to  raise  any  serious  ditficulty, 
and  I  trust  that,  after  (lonsidering  the  following  observations,  and  witli 
a  view  to  expediting  tiie  conclusion  of  this  negotiation,  the  President 
will  not  object  to  the  substitution  of  a  clause  in  the  form  which  I  shall 
presently  have  the  honor  to  submit. 

Her  Majesty's  Government  have  no  desire  to  exclude  froni  the  con- 
sideration ot  the  arbitrators  any  claim  of  comijensatifni  iu  relation  to 
the  Bering  Sea  fisheries  .Avhich  the  United  States  Government  may 
believe  themselves  entitled  to  prefer  (;onsistently  with  the  recognized 
principles  of  international  law.  But  they  are  of  opinion  that  it  is  inex- 
pedient, in  a  case  involving  such  imjxutant  issues  and  presenting  such 
novel  features,  to  prejudge,  as  it  were,  the  (piestion  of  liability  by  de- 
claring that  compensation  shall  be  awarded  on  a  hyi)othetical  state  of 
facts.  Her  Majesty's  Government  consider  that  any  legal  liability 
arising  out  of  the  fa(;ts,  as  proved  and  established  at  the  arbitration, 
should  be  as  much  a  question  for  argument  and  decision  as  the  facts 
themselves;  and,  in  order  that  this  should  be  made  quite  dear  and  that 
both  Governments  should  be  placed,  in  that  respect,  on  the  sanie  foot- 
ing, I  am  authorized  by  Lord  Salisbury  to  submit  the  following  clause 
In  substitution  for  the  seventh  clause  proposed  by  the  President: 

(7)  Either  Government  niiiy  submit  to  the  arbitrators  any  ohiim  for  compensation 
■which  it  may  desire  to  pn-Cer  against  the  other  Government  in  respect  of  any  Idsses 
or  injuries  in  relation  to  tlie  fur-seal  fishery  iu  Bering  Sea  for  which  such  otlier 
Govonnnent  may  be  legally  liable.  The  arbitrators  shall  decide  on  the  legality  of 
every  such  claim,  and,  if  it  shall  be  established,  they  may  award  such  compeusatiou 
as,  in  their  judgement,  shall  seem  equitable. 


I  have,  etc., 


Julian  Pauncefote. 


3TATE, 
uly  9,  1891. 

nv  note  of  tlie 
Her  liiitannii; 
J  1  have  com- 
ent. 

VllTON, 

g  Secretary. 


ily  13, 1S!)1. 

lo,  of  wl."h  1 
been  in  itu 
5  two  elauses 
proposed  tor 
so  respectiiij,' 
r  the  ap])(iiiit- 
of  seal  life  in 

[)osed  in  youi' 
ely,  chiUHO  7, 
)U8  diliiculty, 
>n8,  and  with 
:,he  President 
which  I  shall 

roui  the  con- 
u  relation  to 
rnment  may 
e  recognized 
uit  it  is  inex- 
senting  such 
vbility  by  de- 
tic  al  state  of 
sgal  liability 
I  arbitration, 
as  the  facts 
lear  and  that 
le  same  foot- 
owing  clause 
sident : 

r  compensntinn 
ct  of  any  losses 
ieh  such  other 
the  legality  of 
1  couipeusatidu 


JNOEFOTE. 


BKKINO   SEA. 


Mr.  Wharton  to  Sir  Julian  Patmcefote. 


61 


DKl'Ani'MKNT   OF  STATE, 

Waiiliinnton,  Jnhj  23,  ls<)1. 
Sir:  The  President  dircc^ta  me  to  say,  in  response  to  your  note  of 
the  l.'Uh  instant,  that  he  notices  with  i)l('iisnve  tiie  j-ood  i>ro<jr('ss  toward 
a  lull  agreement  upon  the  terms  of  iirltitiution  iiicliciited  by  your  state- 
ment that  oidy  the  seventh  clause  as  ))ropoHe(I  by  this  Oovernment 
aiii)ears  to  you  "to  raise  any  sc^rious  (lilliculty." 
That  clause  was  thus  stated  in  n)y  note  of  .lune  2~>: 

11  Hliall  be  c()iii]>etent  to  tbi!  iirMtratorH  to  iiwiird  hiu'Ii  ('(iiii)ii'iiHtitior. '8,  in  tlioir 
jiiilKinont,  Hhall  Hoem  equitable  to  tlio  Hiihjects  or  fitizoiis  of  Orciit  Hi'itaiu  whose 
vt'.sHelH  may  have  been  sci/oil  by  the  I'liitcd  States  in  the  Meriii^-  Sea,  if  siieh  st^i- 
/■tirt's  shall  be  foaiul  by  the  arltitratorn  to  hiive  been  iinwarriiiited  ;  and  it  Hhall  also 
111)  rompeteut  to  the  arbitratoi'H  to  award  to  the  L'liited  SlateH  Nurh  eoiujii'iisalion 
ax,  ill  tiieir  judjjnieiit,  bIuiII  Hceiii  e([uitable  for  any  inJMries  reNnlHiij;  to  the  United 
StiiteH  or  to  tli(>  lessees  from  that  (iovcvnnienl  of  the  privihfrc  of  taking;  seals  on  the 
Piiliilof  Islands,  liy  reason  of  the  killin.u:  of  stsals  in  tlio  Itijhrin;;  Sea  by  p(>rsons 
.ii'ling  under  the  jiroteetion  of  the  Hritish  llaj;,  outside  of  the  ordinary  territorial 
iiiiiits,  and  since  the  1st  day  of  .lanuary,  1881),  if  such  killing  shall  be  foiunl  to  have 
lii'cn  an  infraetion  of  the  rights  of  the  United  States. 

The  objection  you  made  to  this  clause  is  thus  stated  by  you: 

Her  Majesty's  Government,  have  no  desire  to  exclude  from  the  consideration  of  the 
lU'liitrators  any  claim  of  compensation  in  relation  to  the  Mering  Sea  lisheries  which 
the  L'uitetl  .States  (iovernmentnuiy  believe  themselves  entitled  to  prefer  consistently 
with  the  recognized  ]>rinciides  of  international  law.  Itut  they  are  of  ojdnion  that  it 
is  inexpedient,  in  a  case  iuvolvin<,'  such  imi>ortant  issues  and  prcsentiiLg  such  novel 
t'latures,  to  prejudge,  as  it  were,  the  (|Ucstion  of  liability  by  de<-laring  tiiat  compen- 
siiiion  shall  be  awartled  on  a  iiypothetica!  st.ite  of  facts.  Her  .Majesty's (iovornment 
cDUsidia-  that  any  legal  liability  arising  out  of  th()  facts  as  jiroved  and  cstablislied 
at  the  arbitration  sluuild  be  as  much  a  i|uestioii  for  arginucut  and  decision  as  the 
(lilts  themselves,  and,  in  order  that  this  should  lie  made  ipiite  clear,  and  that  both 
(iovcruments  should  be  placed,  in  that  res|ic(tt,  on  tiie  same  footing,  etc. 

The  President  was  not  ])repared  to  anticipate  this  objection,  in  view 
of  the  fiict  that  Lord  Salisbury,  in  his  note  of  February  21  last,  had 
iisked  a  specitic  submission  to  the  jirbitrators  of  the  Uritish  claim  for 
seizures  made  in  the  liering  Sea.  His  huiguage,  which  was  quoted 
ill  my  note  of  June  135,  was  as  folhnvs: 

I'here  is  one  omission  in  these  (lucstious  which  1  have  no  do>ibt  the  Oovernment  of 
the  I'residont  will  be  very  gUid  to  rcjiair,  and  that  is  the  reference  to  the  arbitrator 
(it the  <iuestion,  whatdanniges  are  diu'  to  the]icisons  who  have  been  injured,  in  case 
it  shall  be  determined  by  him  that  tlu^  actitm  of  the  United  States  iu  seizing  British 
vessels  has  been  without  warrant  iu  iniernational  law. 

This  <;ould  only  be  understood  as  a  suggestion  that  the  claims  of  the 
r('S])ective  (rovernmeiits  shouM  be  stilted  and  given  a  specific  reference. 
And  so,  in  the  seventh  clause  pro])osed,  the  claim  of  (Ireat  Britain  for 
seizures  made  is  defined  and  referred  to  in  terms  so  correspondent  to 
the  request  of  Lord  Salisbury  tlmt  if  can  not  be  sup]»o.sed  objection 
would  have  been  nnuh;  to  it  if  it  Imd  stood  alone.  But  a  particular 
statement  of  the  British  claim  for  comi)ensation  certainly  made  proper 
and  even  necessary  a  like  statement  of  the  claims  of  the  United  States, 
and  the  President  is  not  able  to  see  that  the  reference  proposed  was  iu 
iitiy  respect  unequal.  If  it  shoidd  be  found  by  the  arbitrators  that  the 
I'liited  States  had,  witliout  right,  seized  British  vessels  iu  the  Bering 
S(!a,  the  arbitratv')rs  were  authorized  to  give  compensiition;  and  if,  on 
flie  other  hand,  tiiese  and  other  Britisli  vessels  were  found  to  Inwe 
visited  that  sea  and  to  have  killed  seals  therein  in  violation  of  the  rights 
itl'  the  United  States  and  to  the  injury  of  its  prope-ty  interests,  the 
arbitrators  were  authorized  to  give  compensation.     One  is  not  more 


62 


BEEING   SEA. 


subject  to  the  objection  tliat  it  presents  a  hypothetical  state  of  facts 
than  the  other,  and  both  submit  the  (piestion  of  tlie  Uiwfulness  or  un- 
lawfulness of  the  acts  complained  of. 

The  President  believes  that  Her  Majesty's  Government  may  justly  be 
held  responsible,  under  tlie  attendant  circumstances,  for  injuries  (lone 
to  the  j  .  lictional  or  property  riglits  of  the  United  States  by  the  seal- 
ing vesstis  flyino"  the  British  flag,  at  least  since  the  date  when  the  riglit 
of  these  vessels  to  invadt  the  Bering  dea  and  to  pursue  therein  the 
business  of  pelagic  sealing  was  made  the  subject  of  diplomatic  inter- 
vention by  Lord  Salisbury.  Inhis  o])inion  justice  requires  that  Ber 
Majesty's  Government  should  respond  for  the  injuries  done  by  those 
vessels,  if  their  acts  are  found  to  have  been  wrongful,  as  fully  as  if  each 
had  borne  a  commission  from  that  Government  to  do  the  acts  com- 
plained of.  The  presence  of  the  master  or  even  of  a  third  person,  under 
circumstances  calculated  and  intended  to  give  encouragement,  creates 
a  liability  for  trespass  at  the  common  law,  and  much  more  if  his  pres- 
ence is  accom])aiued  vvith  declarations  of  right,  protests  against  the 
defense  which  the  owner  is  endeavoring  to  make,  and  a  declared  pur- 
pose to  aid  the  trespassers  if  they  are  resisted.  The  justice  of  this  rule 
is  so  apparent  that  it  is  not  seen  how  in  the  less  technical  tribunal  oi 
an  international  arbitration  't  could  be  held  to  be  inapplicable. 

The  United  States  might  Avell  insist  that  Her  Majesty's  Government 
sh(  uld  admit  responsibility  for  the  acts  of  the  Canadian  sealers,  which 
it  has  so  directly  encouraged  and  i)romoted,  precisely  as  in  the  proposal 
the  United  States  adndts  responsibility  for  the  acts  of  its  revenue  ves- 
sels. But,  with  a  view  to  nMuove  what  seems  to  be  the  last  point  of 
difference  in  a  discussion  which  has  been  very  much  protiiwted,  the 
President  in  willing  to  modify  his  proposal  and  directs  me  to  offer  the 
following: 

The  (ioveniment  of  Great  Rritain  bavine  presented  the  claiiim  of  its  subjects  for 
coiupoiisatiou  for  the  seizure  (tf  their  ve.ssefs  by  the  United  Stiites  in  Heriu^  Sea  and 
the  Government  of  the  UnittMl  States  haviiij;  presented  on  it^  own  behalf,  as  well  as 
of  the  lessees  of  the  privilege  of  taking  seals  on  the  rribilol  Islands,  elainis  for  com- 
pensation by  reason  of  the  killingof  sealsin  the  Bering  h>ea  by  persons  aeting  under 
the  protection  of  theHritish  flag,  the  arbitrators  shall  consider  and  decide  upon  such 
claims  in  accordance  with  justice  and  e([uity  and  the  respective  rights  of  the  high 
contracting  parties,  and  it  shall  be  competent  for  the  arbitrators  to  award  such  coni- 
peusatiou  as,  i;i  their  judgnu'ut,  shall  seem  c(|uitable. 

The  President  thinks  that  a  particular  statement  of  the  claims  of  the 
respective  Governments  is  more  likely  to  lead  to  a  satisfactory  result 
than  the  general  ret'crentse  i)roposed  by  you.  It  is  believed  tluit  the 
form  of  reference  now  pntposed  by  him  removes  the  objections  urged 
by  you  to  his  fiuine.  proposah 
I  have,  etc., 

William  F.  Whabton, 

Acting  Secretary. 


Sir  Julian  Panncefote  to  Mr.  Wharton. 

British  Legation, 
Ifeivport,  It.  J.,  Augmt  8, 189 -l 

SiB:  On  the  23d  of  .Tune  last  I  had  the  honor  to  place  in  your  hands 
a  memoranduni  endtodying  the  substance  of  the  instructions  issued  r<> 
British  cruisers  in  Ilering  Sea  in  pursuance  of  the  moduH  iHvcndi  aignvd 
ou  the  loth  of  that  month.     The  memorandum  also  contained  a  i)roposul 


BERING  SEA. 


63 


ato  of  fat'ts 
ilness  or  un- 

lay  justly  be 
i.jui'ies  (lone 
by  <^he  seal- 
len  the  rij^lit 
therein  tlie 
>matic  iuter- 
BS  til  at  Her 
ne  by  th(>,se 
ly  as  if  each 
e  acts  com- 
erson,  iiuder 
lent,  creates 
if  his  pres- 
agiiinst  the 
eclared  pur- 
'  of  this  rule 
1  tribunal  oi 
ible. 

urovermnent 
alers,  whicli 
:he  proposal 
'evenue  vos- 
ast  p(»iiit  of 
itra<'ted,  the 
to  otier  the 


ts  8nl).j('cls  lor 
erinj;  Sea  and 
If,  iiH  well  as 
Inims  for  coin- 
acting  uiiilcr 
(le  upon  such 
ts  of  the  lii^'h 
uhI  such  oom- 

aiuis  of  the 
ctory  result 

d  thut  the 
tions  urged 


TON, 

'Sevretary. 


rioN, 
t^  8, 189x 

your  baud-; 
iS  issued  i<i 
T/n// signed 
I  a  proposal 


for  an  agreement  between  the  C.overnnient  of  Great  Britain  and  of  the 
IJiited  States  for  mutual  indemnities  in  respect  of  acts  coranutted 
liy  the  cruisers  of  one  nation  against  the  vessels  of  the  other  in  execu- 
tion of  the  modus  vivendi. 

To  that  proposal  I  have  not  as  yet  been  favored  with  a  reply,  and  I 
should  be  extremely  obliged  if  you  would  be  good  enough  to  inform  me 
at  your  earliest  convenience  of  the  views  of  your  Government  with 
respect  to  the  suggested  agreement. 
I  have,  etc., 

Julian  Paunoefote. 


Mr.  Wharton  to  Sir  JnUan  Pauncefots. 

Department  of  State, 
Washuiffton,  August  1?,  1891. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the 
8th  instant,  in  which  you  refer  to  a  memorandum  of  -Tune  2.5,  left  with 
me  .hiiie  24,  in  which  you  sul»mitted  a  proposal  tor  an  agreement  be- 
tween the  Governments  of  Great  Britain  and  the  United  States  for 
iniitnal  indemnities  in  respect  of  acts  coiiunitted  by  the  cruisers  of  one 
nation  against  the  vessels  of  the  other  in  execution  of  the  modus 
rirrndi. 

The  President  desires  me  to  say  in  re])ly  that  it  seems  to  him  to  be 
quite  unnatural  that  the  two  Governments,  having  come  to  a  friendly 
understanding  as  t(»  a  modus  vivcitdi  and  tlie  method  of  its  enforce- 
ment, should  anticipate  or  attempt  to  provide  against  possible  breaches 
or  Niolations  of  duty  by  the  vessels  of  either  country.  It  will  be  time 
enongii,  in  the  President's  oi)inioii.  when  either  Goverinnent  lodges 
against  the  oth.er  a  conii)Iaint  in  this  regard,  to  consider  the  question  of 
iudenniity.  The  President  desires  me  to  state  that  he  hopes  that  no 
•suili  (juestion  may  arise,  but  that  he  will  be  prepared  to  meet  it  in  a 
friendly  spirit  if,  unfortunately,  ditferences  shonld  develop. 
I  have,  etc., 

William  F.  Wharton, 

Acting  /Secretary. 


Mr.  Wharton  to  Sir  Julian  Pauncefote. 

Department  of  State, 
Washington,  August  22,  1891. 
Sir:  Referring  to  my  note  to  you  of  the  23d  ultimo,  relative  to  the 
liroposed  ageement  of  arbitration  of  certain  matteis  alfecting  the  seal 
fisheries  in  Bering  Sea,  1  would  be  extremely  obliged  if  you  would 
be  kind  enough  to  inform  me  when  an  answer  to  the  same  may  be  ex- 
lietted. 

I  have,  etc., 

William  F.  Wharton, 

Acting  Secretary, 


64 


BERING   SEA. 


Sir  Julian  Pauncefote  to  Mr.  Wharton. 

British   Legation, 

Netcport,  August  24, 1891. 
Sir:  I  have  tlie  honor  to  a('kiiowlo(lf><'  thereco'ptof  yonr  note  oftlie 
22(1  instant,  in  which  yon  ask  me  to  inforni  you  when  you  may  expect 
an  answer  to  your  note  of  the  2;)(l  ultimo,  relative  to  the  proposed 
agreement  of  arbitration  of  certain  matters  affecting  tlie  seal  fisheries 
iu  Bering  Sea. 

1  very  much  regret  that  1  have  not  yet  been  in  a  position  to  reply  to 
the  note  in  question,  but  1  hope  to  be  able  to  do  so  in  the  course  of  tlie 
next  few  days. 

I  have,  etc., 

Julian  Pauncefote. 


ajiTcc, 


8ir  Julian  Pavnecfote  to  Mr.  Wharton. 

[Telegram.] 

Newport,  11.  I.,  Aiifiuat  26,  1891.. 
Tour  note  of  22d.     Tm])ortant  letter  posted  to  day. 

Pauncefote. 


Sir  Julian  Paunevfotc  to  Mr.   Wharton. 

[Private  and  uuuflic'inl.1 

British  Legation, 
Newport,  R.  /.,  Angunt  211,  1891. 

Dear  Mr.  Wharton:  In  my  reply  to  yr ur  oiUcial  note  of  the  22(1 
instant  1  stated  that  1  hoped  to  be  able  to  send  an  answer  to  your  note 
of  the  2;5d  ultimo  in  a  few  days. 

Before  doing  so,  however,  I  am  anxi(nis  to  explain  to  you  privately 
and  unollicially  by  letter,  as  1  would  do  verbally  were  1  in  VVashingt(»ii, 
the  objection  which  my  Government  entertain  to  the  latest  form  of  clause 
relating  to  c(nupensation  which  has  been  j)roposed  by  the  I'vesident  tor 
adoption  as  article  7  in  the  Beri'ig  Sea  arbitration  agreement.  Sueli  a 
private  and  nnotlicial  exchange  ol"  \  lews  at  this  ])ointof  the  negotiations 
may  abridge  the  olliciid  corres])on(lence  and  facilitate  a  solution  of  tlu! 
pn^sent  difhculty,  on  the  basis  (»f  a  suggestion  which  you  made  wlieii 
we  discussed  the  (]uestions  informally  at  Washington. 

.My  (iovennnent  are  unable  to  accept  the  form  ofclau.se  proposed  by 
the  President  because  it  appears  to  them,  taken  in  conne<;tion  with 
your  note  oftlie  2;5(1  ultimo,  to  im])ly  sin  admission  on  their  part  of  ii 
doctrine  resiuM'ting  the  liability  of  governments  for  the  acts  of  tlitir 
nationals  (»r  other  persons  sniling  under  their  Hag  on  the  high  siiis 
which  is  not  wiuiiinted  by  internati(rnal  law  and  to  which  they  can  ii(»t 
subscribe. 

-I  lieed  liiudly  siiy  tliiit  th(^  discussion  of  such  ii  point  (whi(^h,  al'tci' 
all,  mny  never  iirise)  must  ]>rolong  the  negotiation  indelinitely.  IMoic 
over,  it  seems  ])rem;it  are  t<»  entei- iiito  such  a  di.sciission  before  theollni' 
(jnesfions  to  be  submitted  to  the  arbitrators  imve  been  determined  iiiul 
all  the  facts  on  which  any  lial)ility  can  arise  have  been  ascertained. 


St  24, 1H91. 

ir  note  oftlie 
I  may  expect 
lie  proposed 
seal  fisheries 

n  to  reply  to 
course  of  the 


JNCEFOTE. 


<it  26,  1S91. 
JNCEFOTE. 


LTION, 

It  2(i,  1891. 

of  the  22(1 
to  your  ii()t<3 

ou  privately 
VVashiiif^toii, 
)i'in  of  clause 
I'l'esidciit  tor 
eut.  Sucli  a 
negotiations 
lutioii  of  lilt' 
I  made  win'ii 

proposed  by 
lection  with 
'ir  i>art  ol'  n 

lets    of   lllfil 

e  liifrji  seas 
tliey  can  not 

[which,  afler 
tely.  More- 
>re  tlieothcr 
I'linined  iiii<l 
I'rtaiued. 


BERING   SEA. 


65 


Your  HUjjjjeHtion,  to  which  I  have  referred,  was  to  leave  oiitaltoj'i'tlier 
the  question  of  damafies  fidin  the  arbitiatioii  afjieemeiit,  and  you  may 
rcMieinbe.  that  atthetinie  1  did  not  encourage*  the  idea,  notapprehending 
that  the  clause  would  .yive  rise  to  such  protracted  discussion,  and  beiuj;', 
moreover,  anxious  that  the  settlement  to  be  arrived  at  should  embrace 
and  finally  dispose  of  every  point  in  controversy. 

Tliere  is  a  middle  course,  however,  w  Iiich  ai)pears  to  me  to  commend 
itself,  from  every  ])oint  of  view,  as  a.  practical  and  lo<;ical  solution  of 
the  present  ditliciilty.  It  is  in  omit  tie  seventh  clause,  as  to  compeu- 
safion,  and  to  insert  in  its  place  a  clause  referrinf>-  to  the  arbitrators 
any  ciuestion  of  fact  which  either  Clovernment  may  put  to  them  with 
leference  to  the  claims  for  compensation  it  believes  itself  to  i»ossess. 
The  ap])lication  of  the  facts  to  international  law  might  be  a  matter  for 
negotiation  after  they  are  determined,  and,  if  the  two  Governments 
agree,  might  be  referred,  in  whole  (u-  in  part,  to  the  arbitrators.  The 
clause  Fiight  be  worded  as  foll'.ws: 

Ci.Ai'SE  7.  Kitlier  of  the  two  Governments  may  vSiiltniit  to  the  arbirrators  auy 
HR'stion  ot'fai't  niiicli  it  may  wish  to  put  before  them  in  velVrenco  to  tlie  chiims  for 
ciiiiipcnsation  wliicii  it  I>eli<!V(>8  itself  or  its  nationals  to  jiosscss  au;ainst  tli<^  otlier. 

TIki  question  whether  or  not,  and  to  what  <!xtent,  those  faets,  as  determined  by 
tlif  arbitrators  and  taK'en  in  connection  with  their  decision  u|)on  the  otiu-r  qu(^stion8 
8iiliiiiittcd  to  tlioin,  render  such  claims  valid  .•UTordin!;-  to  tlu;  jirlMciplcs  of  interna- 
tional law  shall  be  a,  matter  of  subsequent  negotiations,  and  'nay,  if  tiie  two  powers 
agree,  be  refeiTed,  in  whole  or  in  part,  to  the  arbitrators. 

1  do  not,  of  course,  propose  the  above  wording  as  definitive.  It  should 
be  open  to  amendment  on  either  side.  l>ut  if,  after  submitting  it  to  the 
President,  you  should  be  able  to  inform  iiieju'ivately  thiitsucli  a  clause, 
under  the  circumstances,  would  be  acceptable  to  your  Government,  I 
would  tiien  address  you  otlieially  in  re])]y  to  your  note  of  the  23d  ultimo 
and  formally  mal.e  the  above  proposal,  stating  the  grounds  on  which  it 
is  l)ased.  iioi>ing  that  this  mode  of  settlement  of  the  last  point  in  dis- 
l)nte  will  meet  with  your  approval,  and  that  this  elfort  on  my  part  to 
bring  the  negotiation  at  once  to  a  satisfactory  terniinatiou  nniy  be  suc- 
cessful. 


I  remain,  etc., 


Julian  Paun<jefote. 


Sir  Julian  Vauncofote  to  Mr.  Blaine. 

,  BuiTTSH  Legation, 

Newport,  Awjuiit  2(i,  1S91. 
Sir:  Iu  accordance  with  instructit)ns  which  I  have  received  from 
Mer  Majesty's  princii)al  secretary  of  state  for  foreign  affairs,  1  have  the 
honor  to  inform  you  that  the  Uritish  !>eriiig  Sea  c<»mniissioiu'rs  have 
U'liorted,  in  a  comnuinication  dated  Seal  Island,  August  a,  that  they 
find  that  this  year's  catch  of  seals  already  materially  exceeds  7,000,  and 
til, It  the  rnite;1  States  agent  i)ermits  the  killing  of  seals  to  continue, 
assuming  tint  t!  c  limitation  agreed  upon  commences  from  the  date  of 
the  signature  of   he  modus  vireiidi. 

In  bringing  this  information  to  your  notice  1  am  at  the  same  time  in- 
stniet(Ml  to  express  the  conviction  of  ller  Majesty's  (iovernment  that 
the  I'lesident  will  not  countenance  any  evasion  of  the  true  si)i'it  of  this 
agreement,  and  that  he  will  take  whatever  measures  appear  to  him  to 
be  iiecessfiry  to  insure  its  strict  observance. 
I  have,  et<!.,  « 

Julian  Pauncefote, 

S.  Ex.  55 5 


66 


BERING   SEA. 


Mr.  Whartmi  to  Sir  Julian  Pauncefote. 


Department  of  State, 

Washiiu/ton,  September  3,  1891. 
Sir:  I  have  the  houor  to  acjknowledge  the  receijtt  of  your  note  of  the 
20th  ultimo,  complaiuiiig  that  the  United  States  agent  at  the  Seal 
I.slands  is  viohiting  the  agreen»ent  of  June  15,  1801,  by  permitting  the 
killing  of  a  larger  number  of  seals  than  is  stipulated  thereunder. 

Your  statement  shall  receive  the  immediate  attention  of  this  Govern- 
ment. 

Meanwhile,  I  have,  etc., 

William  F.  Wharton, 

Acting  Secretary. 


Mr.  Wharton  to  Sir  Julian  Pauncefote. 

[Private  and  unofficial.] 

Department  of  State, 

Wasliiiigton,  September  7,  1891. 
My  Dear  Sir  Julian:  Your  private  and  unofficial  note  of  August 
26  •  as  duly  received,  and  I  desire  now  to  reply  to  it  in  Lhe  same  priviite 
ai.i  unofficial  manner.  The  President  is  unable  to  see  how  the  damii}>e 
(!lanse  li».'<t  projtosed  by  him  can  be  held  to  imply  an  admission  on  the 
part  of  (Jreat  Britain  "of  a  doctrine  respecting  the  liability  of  govern 
ments  for  the  acts  of  their  nationals  or  other  persims  S'liling  under  their 
tlag  on  the  iiigh  seas,  whi(!h  is  not  warranted  by  iTit'^rnational  law." 
The  proi)08ition  was  expressly  fiamed  so  as  to  submit  *,<>  the  arbitrators 
the  (piestion  ;»f  tlie  liability  of  Great  Britain  for  the  a' ts  of  vessels  sail- 
ing under  it^  flag.  It  did  not  assume  a  liability,  but  was  framed  ex- 
pressly to  r.void  this  objection,  which  had  been  urged  against  the  pre- 
vious proiK>sal.     I  (piote  from  my  note  of  Jidy  23: 

The  I'nitod  Stati'H  tni^lit  wt'll  inHiNt  thiit  Her  Miijesty'w  Govorument  should  adiiiit 
responHibility  for  the  actH  ol'tlio  ('iiuadian  Heiilois,  which  it  him  ho  directly  encour- 
aged and  ]»roniotod,  nreciKcly  as  in  tlie  ^iroposal  ttu'  United  States  admits  re8]K'ii- 
siliility  for  the  .acts  ot  the  revenue  vessels.  lint,  with  a  viev.'  to  remove  wiiat  sefiiis 
to  be  the  hist  point  of  dillcrenec  iu  a  discn.Ksion  whicli  has  been  very  much  iirn- 
tracted,  the  President  is  willing  to  nioilify  liis  i)r(>i>()sa!  and  directs  nie  to  ofl'er  the 
following: 

The  claim  of  the  United  States  Avas  stated  in  my  note  of  Jul^  "3, 
accomi)anying  the  proposal,  and  the  J'resident  does  not  see  how  the 
(ilaims  of  the  respective  governments  (iould  be  more  fairly  or  fully  sub- 
mitted. This  Government  proposes  to  submit  to  the  arbitrators  tlie 
question  whether  (ireat  Britain  is  liable  for  the  injury  done  to  tin  seal 
fisheries,  tlie  proi)erty  of  the  United  States,  by  the  Canadian  vessels 
that  have,  under  the  stimulation  and  8up])(>rt  of  the  Briti.sh  Govern- 
ment, been  for  several  years  engaged  in  tlu>  Bering  Sea.  The  pro- 
posal of  this  (loverniiu'nt  was  that  the  arbitrat(U's  should  consider  and 
decide  such  chiims  in  accordance  with  justice  and  equity  and  the  re- 
spective rights  of  the  liigh  contracting  parties. 

The  President  is  unable  to  accept  the  last  suggestion  which  yon 
make  in  your  note,  as  it  seems  to  him  to  be  entirely  ineffectual.  Tlie 
facts  connected  with  the  seizure  of  Canadian  sealeis  by  the  leveiuie 
vessels  of  the  United  States,  on  the  one  hand,  and  with  the  invasion 


BERING    SEA. 


67 


TE, 

er  2. 


18!)J. 


V  note  of  the 
at  the  Seal 
nriitting  the 
uiuler. 
this  Govern- 


BTON, 

Secretary. 


.TE, 

>er  7,  189J. 
te  of  August 
■<anie  private 
'  the  damage 
ission  on  the 
:y  of  govern- 
>■  under  their 
tional  hiw." 
e  arbitrators 

vessels  sail- 
framed  ex- 

nst  the  pre- 

slioiild  iidinit 
rcclly  eiicuiir- 
(liiiits  resiKUi- 

V(!  Wllilt  St'tMllS 

ory  much  pio- 
iiie  to  otter  the 

of  July  "3, 
see  how  the 
[)]•  fully  sub- 
itrators  the 
B  to  the  seal 
lian  vessels 
ish  Govcru- 
,  Tlie  ]>ro- 
onsider  and 
and  the  re- 

whieh  you 
ctual.  'flie 
;ho  levoiiue 
he  invasion 


ni  the  sea  and  the  taking  of  seals  by  the  Canadian  sealers  on  the  other, 
an  well  known,  and  doubtless  could  be  agreed  upon  by  the  respective 
;;ov(irnment8  without  difficulty.  It  is  over  the  question  of  liability  to 
resi)ond  in  damages  for  these  acts  that  the  controversy  exists,  and  the 
i'resident  can  see  no  other  course  for  this  Government  than  to  insist 
ni)on  the  submission  of  the  question  of  the  liability  of  Great  Britain 
tor  the 'acts  it  complains  of  to  arbitrators.  This  Government  does  not 
insist  that  Great  Jiritain  shall  admit  any  liability  for  the  acts  com- 
pliiined  of,  but  it  may  well  insist,  if  this  arbitration  is  to  result  in  any 
etl'ectual  settlement  of  the  differences  between  the  two  governments, 
tliat  the  question  of  Great  Britain's  liability  shall  go  to  the  arbitrators 
tor  decision. 

If  you  have  any  suggestions  to  make  in  support  of  the  objection  that 
the  proposal  made  by  the  President  assumes  a  liability  on  the  part  of 
Great  Britain,  the  President  will  be  very  glad  to  receive  them,  and,  if 
necessary,  to  reconsider  the  phraseology;  but,  upon  a  careful  and  crit- 
ical examination  of  the  proposition,  he  is  unable  to  see  that  the  objection 
now  made  has  any  support  in  the  terms  of  the  proposal. 
I  am,  etc., 

William  F.  Wharton, 

Acting  Secretary. 


Mr.  Wharton  to  Sir  JuUan  Paiincefote. 

Department  of  State, 
WaNhington,  October  10,  1891. 

Sir:  It  is  a  source  of  regret  that  an  aiiswer  h.as  been  so  long  delayed 
to  your  note  of  August  20  last,  relating  to  the  comnuini(;ation  of  the 
British  Bering  Sea  commissioners  as  to  the  alleged  killing  of  seals  on 
the  seal  islands  in  excess  of  the  number  flxed  by  the  agreement  of 
June  15  last.  This  delay  has  been  occasioned  b\  the  necessity  of 
receiving  from  the  United  States  agent  in  charge  of  the  islands  a  full 
report  on  the  subject. 

Tlie  agent  rei)ort8  that  he  reached  the  islands  on  the  10th  day  of 
iluiie,  1891;  that  from  the  1st  of  Janujiry  to  the  1st  of  May,  1891,  no 
seals  were  killed  on  the  islands;  and  that  from  May  1  to  June  10,  the 
(late  of  the  agent's  arrival,  there  were  killed  by  the  jiatives  .'"n  r,;;>d 
l,<!r)l  seals.  On  the  morning  of  June  11  the  agent  gave  permission  to 
the  lessees  to  comniencre  killing  under  the  contract  with  the  Govei'ii- 
meut  of  the  United  States,  and  he  states  that  from  the  11th  t(  the  lath 
of  .lane  li,9ii0  seals  were  killed;  and  that  from  June  1.")  to  July  2,  the 
(late  of  the  arrival  of  the  steamer  Corwin  bringing  Ihe  jtiocl-inuition  of 
file  President  of  the  United  States  containing  the  notice  and  text  of  the 
miiilufi  viveiiili,  there  were  killed  4,471  seals.  From  July  2  to  August  10 
lliere  were  killed  for  the  use  of  the  natives  as  food  1,790  seals,  and,  on 
leaving  the  islands,  the  agent  gaveinstnu-tions  tolirnit  the  number  to  be 
killed  by  the  natives  for  food  up  to  May  1,  1892,  to  1,2;W. 

The  instructions  of  the  Secretary  of  the  Treasury  to  the  agent,  re- 
ceived by  the  steamer  Cor  win,  were  that  if  in  any  way  his  i)revi()us  in- 
structions were  inconsistent  with  the  President's  i)roclamation  and  the 
iinrecment  embraced  in  it  he  should  be  governed  by  tlK^  latter.  The 
assent  reports  that,  afttir  careful  (lonsideration  of  the  text  of  the  agree- 
ment, he  decided  that  jhe  seals  killed  since  June  15,  the  date  when  that 


68 


BERING   SEA. 


iiistruniciit  was  signed,  should  be  deducted  from  the  7,500  named  in 
article  2,  thus  leaving  3,02!)  seals  to  be  taken  "  for  tlie  subsistence  and 
care  of  the  jiatives  "  fro'  .  .luly  2,  ISOl,  to  May  1,  185)2.  He  says  that, 
in  his  desire  to  carry  out  with  absolute  correctness  the  modus  viveitdi, 
he  consulted  the  two  United  States  commissioners  (Messrs.  Mendenhiill 
and  Merriam),  the  commanders  of  the  United  States  vessels  Mohican, 
Thetis,  and  (Jorirm,  the  United  States  special  agent,  and  the 'special 
inspects  .  and  that  they  all  concurred  in  his  interpretation  of  paragraj))! 
2  of  the  agreement,  that  seals  killed  prior  to  June  1")  did  not  form  part 
of  the  7,500  named  in  the  modus  rircudi.  lie  further  says  that  in  his 
tirst  meeting  with  the  British  commissioners,  Sir  George  Baden  rowoll 
and  Dr.  G.  M.  Dawson^  July  28,  he  submitted  the  same  question  to 
them.  Their  reply  was  that  it  was  the  understanding  of  the  Britisli 
Governmeiit  that  only  7,500  seals  should  be  taken  during  the  season; 
but,  (m  examining  the  text  of  the  agreement,  they  admitted  that  the 
agent's  interpretation  of  it  was  correct.  TUis  statement  as  to  the  views 
of  the  British  commissioners  is  confirmed  by  the  report  of  Prof,  ^feu- 
denhall. 

The  agent  claims  that  his  action  is  not  only  strictly  in  accord  witli 
the  language  of  the  agreement,  but  witii  the  true  intent  and  spirit  of 
the  same,  as  he  understood  that  intent  and  spirit  in  the  light  of  all  the 
facts  in  his  possession.  He  understood  that  the  object  of  the  agree- 
ment in  aUowing  7,500  seals  to  be  killed  Avas  "for  the  subsistence  and 
care  of  the  natives."  The  1,(!51  seals  killed  by  the  natives  for  food 
from  May  1  to  June  10  were  almost  immediately  eaten  by  them,  as  is 
their  custom  after  the  scanty  snp])ly  of  meat  during  the  winter  and 
spring  months,  and  no  part  of  these  seals  was  salted  or  preserved  for 
future  use.  During  the  killing  season  by  the  lessees  under  their  (piota 
for  conunercial  purposes  tlie  natives  are  kept  very  busy  and  have  no 
time  to  i)rei)are  meat  for  future  use,  and  only  so  much  is  used  for  food 
ais  is  cut  off  for  present  use;  so  tliat  the  seals  killed  between  June  10, 
when  the  season  commeniied,  and  July  2,  when  the  notice  of  the  mod>m 
virendi  was  received,  were  not  available  for  the  future  subsistence  of 
the  natives.  As  statti),  there  only  rciinained  3,029  seals  to  be  takoii 
for  their  subsistence  from  July  2,  1801,  to  May  1, 1892.  The  agejit 
cites  the  fact  that  from  the  close  of  tiie  commercial  killing  season  of 
1890,  on  July  20,  there  were  killed  by  the  natives  for  food  u])  to  I)e 
cend»er  31,  1890,  0,218  seals,  including  3,4(i8  pup  seals,  the  further  kill- 
ing of  the  latter  being  now  ])rohibite(l.  It  was  })lain  to  tlii^  agent  that, 
under  the  c(rastruction  which  he  had  ])laced  upon  the  modus  vireii<Ji 
the  supply  of  meat  for  the  natives  during  the  coming  winter  would  be 
entirely  inadequate,  and  before  his  dei)arture  from  the  islands  he  called 
upon  the  lessees  to  bring  in  a  sullicient  supply  of  salt  beef  to  carry  the 
natives  through  the  winter  and  up  to  May  1,  1892. 

The  agent  had  no  means  of  determining  the  scope  and  meaning  ot 
tlie  phrase  of  the  British  commissioners,  as  used  in  ,vour  note,  "this 
year's  (.'atch,"  or  "the  catch  of  this  season,"  as  used  in  their  comnuini 
cation  to  him  dated  Jul.\  30,  except  by  the  inteii)retation  to  be  given 
to  the  text  of  the  >Hw/»f«  r5(*!<!«rW,  as  contained  in  ])aragraphs  1  an<l  -. 
The  "same  period,"  found  in  i>aragraph  2,  he  understood  to  refer  to 
the  period  within  which  the  Britisli  Government  undertook  to  i)r<iliil  it 
seal-killing  in  Bering  Sea.  The  British  commissioners  informed  the 
agent  that,  as  to  the  British  Government,  this  period  did  not  l»(';iin 
iintil  a  reasonable  time  I'ltcr  June  15  (tlie  (late  of  signing)  sufficient  for 
the  naval  vessels  to  reach  the  sea.  Tlie  agent  interpreted  the  para- 
graphs cited  as  mutually  binding,  and  he  could  not  assume  that  it 


would  be 
ill  tiie  iut( 
i:.i'  Unite* 
1  have  t 
aetion  of  • 
by  the  Bri 
convince  j 
lart  of  tlr 
of  June  15 
I  hi 


My  Dea 

ing  a  i)rop( 
form  a  par 
all'ecting  t 
requesting 
note  might 
the  receip 
ivoiiid  be  ii 
if  i  lie  next 
on  my  not 
'resident  i 
ions  concei 
mv  at  tent 
iroposal. 
Hay  2  next 
iient  of  the 
!oiiig  by,  a 
ad  ill  the  i 
ijjiecment  > 
Very 


My  DeA] 

skiiig  for  , 
lanse  propi 
rbitration  i 
telegraplu 
f  tlio  subst 
understi 
ifi  south  ot 
!•  my  telegi 


BERING    SEA. 


69 


0  named  in 
iistence  itnd 
e  .says  tliat, 
(ins  Vivendi, 
Mendeiiliiill 
)l8  Mohuan, 
the  'special 
if  paragraj)!! 
at  form  part 
8  that  in  liis 
adeii- Powell 
(jiiestion  to 

■  the  British 
•  the  season; 
ted  that  the 
to  the  views 

■  Prof.  Men- 
accord  witli 

and  spirit  of 
rht  of  all  the 
of  the  agree 
)sistence  aud 
tives  for  food 
Y  them,  as  is 
le  Avinter  and 
)reserved  for 
|r  their  (piota 
and  have  no 
ised  for  food 
en  June  10, 
of  the  modm 
ibsistenco  of 
to  be  taken 
The  ageiit 
ing  season  of 
lod  u])  to  l)e 
furtlier  kill- 
agent  that 
odvH  virciuU 
ter  would  be 
nds  he  called 
■  to  carry  the 


1 


hvoiiUl  be  claimed  that  their  provisions  were  to  take  effect  on  one  date 
ill  I  lie  interest  of  the  British  scalers  and  on  another  in  the  interest  of 
ItLe  United  States. 

I  have  thus  taken  pains  to  communicate  to  yon  in  some  detail  the 
laction  of  tlie  agent  of  the  United  States  on  the  subject  coni])lained  of 
Iby  the  British  commissioners,  and  I  hope  what  has  been  set  tbrth  will 
[convince  your  Government  tliat  there  has  been  no  disposition  on  the 
Ipart  of  the  agent  to  evade  or  violate  the  stipulations  of  the  agreement 
lof  June  15  last. 
I  have,  etc., 

William  F.  Wharton, 

Acting  Secretary. 


Mr.  Wharton  to  Sir  Julian  Panncefote. 

Department  of  State, 

Watthington,  October  lx\  1801. 
My  Dear  Sir  Julian:  On  July  23  last  I  wrote  you  a  note  present- 
ng  a  proposal  for  the  settlement  of  claims  for  damages  which  was  to 
foiiii  a  part  of  the  proposed  agreement  of  arbitration  of  certain  matters 
fleeting  the  seal  fisheries  in  Bering  Sea.  On  August  132  I  wrote 
eqnesting  you  to  be  kind  enough  to  inform  me  when  an  answer  to  my 
lote  might  be  expected.  On  August  24  you  wrote  me  acknowledging 
he  receipt  of  mine  of  August  22  and  expressing  the  hope  that  you 
ivoiild  be  in  a  position  to  reply  to  my  note  of  July  23  in  the  course 
)f  (lie  next  few  days.  More  than  ten  weeks  Imve  elapsed  since  sending 
oil  my  note  of  July  23,  antl  no  answer  to  it  has  yet  been  rex;eived.  The 
'resident  is  very  desirous  to  have  a  conclusion  reached  in  the  negotia- 
ioiis  concerning  the  Bering  Sea  matters,  and  has  requested  me  to  draw 
our  attention  again  to  the  importance  of  an  early  reply  to  his  latest 
ii'oposal.  Tlie  period  ti xed  by  the  agreement  for  a  moduK  vivendi  expires 
lay  2  next.  The  time  within  which  it  is  hoped  to  obtain  a  final  settle- 
iient  of  the  questions  in  disi)ute  between  the  two  Governments  is  fast 
[oiiig  by,  ar.d  the  President  feels  that,  if  any  eflective  action  is  to  be 
lad  ill  the  matter  l)cfore  the  next  fishing  season  opens,  all  the  terms  of 
igrecment  of  arbitration  should  be  disposed  of  immediately. 
Very  truly  yours, 

William  F.  Wharton, 

Acting  Secretary. 


meaning  01 
note,  "this I 
iiir  comiuuiii 

to  be  given] 
>hs  1  and  -. 
I  to  refer  to 
»k  to  i)ro1iil  it 

n formed  the] 
id  not  he^in 

sufBcientforj 
ed  the  paia- 

Buuie  that  it  I 


Sir  Julian  Panncefote  to  Mr.  Wharton. 

British  Legation, 
Washington,  October  13,  1891. 
My  Dear  Mr.  Wharton:  On  receipt  of  your  letter  of  yesterday, 
skiiig  for  a  reply  to  your  note  of  July  23  last,  containing  a  form  of 
jlaitse  i)roposed  by  your  Government  to  be  inserted  in  the  Bering  Sea 
jrbitration  agreement  to  settle  the  long-debated  question  of  damages, 
] telegraphed  to  Lord  Salisbury  for  further  instructions,  informing  him 
i  the  substance  of  your  communication. 

I  understand  tliat  his  lordsjiij)  is  exjiected  in  London  this  week  from 
he  south  of  Europe,  and  1  shall  probably  therefore  receive  an  answer 
Illy  telegram  before  many  days. 
S.  Ex.  9 1« 


70 


BERING   SEA. 


Although,  as  you  observe,  more  thau  ten  weeks  have  elapsed  since  the 
date  of  your  oftiiiial  note  above  referred  to,  1  need  hardly  remind  yoii 
that  the  intervening  time  has  been  taken  up  with  informal  discussions 
between  us  with  a  view  to  finding  a  solution  of  the  ditticulty  without 
unduly  lengthening  the  otticial  correspondence.  This  informal  inter- 
change of  views,  which,  no  doubt  had  the  approval  of  the  President, 
has  not  been  witliout  advantage  in  throwing  light  on  the  troublesome 
question  which  still  impedes  tlie  conclusion  of  the  agreement,  and  1  now 
hope  I  may  soon  be  in  a  position  to  resume  the  ofticial  correspondence, 
Very  truly  yours, 

Julian  Paunoefote, 


Sir  Julian  Pauncefotc  to  Mr,  Wharton. 

British  Legation, 
Washington,  October  17, 1891. 

Sir  :  Immediately  on  the  receipt  of  your  note  of  the  23d  of  July  Inst, 
relative  to  the  form  of  compensation  clause  to  be  inserted  in  the  Bering 


been  asce 
iu  whole 
The  abi 
tbe  diflQci 
favorable 
Iiis  accep 
Ih 


Sir:  I 
and  he  di 
seen  tit  to 
jiroposed 

Thi«  mc 
obviate  tl 
is  unable 


Sea  arbitration  agreement,  I  transmitted  a  copy  of  it  to  tlie  Marquis  of    of  Great  1 


Salisbury. 
Since  then  1  have  been  in  correspondence  with  his  lordship  respect 


for  the  ad 
on  the  hi^ 


iug  the  new  form  of  clause  on  that  subject  proposed  in  your  note  aa|  The  propc 
article  7. 

I  regret  to  inform  you  that  Her  Majesty's  Government,  after  the  full 
est  consideration,  have  arrived  at  the  conclusion  that  this  new  clause 
could  uot  properly  be  assented  to  by  them.  In  their  opinion  it  implie.> 
an  admission  of  a  doctrine  resj)ecting  the  liability  of  governments  foi 
the  acts  of  their  nationals  or  other  persons  sailing  under  their  flagoii 
the  high  seas,  for  which  there  is  no  warrant  in  the  law  of  nations, 
Thus  it  contains  the  following  words  : 

Tlie  Goveruiiient  of  the  United  States  having  presented  on  its  own  behalf,  nn  «el 
as  of  the  lessees  of  the  privilejre  of  taking  seals  on  the  Pribilof  Islands,  claliiiH  foi 
compensation  by  reason  of  the  l<illing  of  seals  in  Bering  Sea  by  persons  acting  iiudei 
the  protection  of  tbe  British  tlug,  the  arbitrators  shall  consider  and  decide  upuu  Huct 
claims,  etc. 

These  words  involve  the  proposition  that  Her  Majesty's  Governmen 
are  liable  to  make  good  losses  resulting  from  the  wrongful  action  o 
pt:  -ions  sailing  outside  their  jurisdiction  under  the  British  tlag. 

Her  Hajesty's  Government  could  not  accept  such  a  doctrine.  Thi 
article  dealing  with  the  question  of  compensation  is  therefore  likely  t( 
give  occasion  for  lengthy  negotiations,  which  must  retard  indefinite!,! 
the  decision  of  the  main  questions  of  law,  on  which  the  validity  of  tb( 
claims  of  either  Government  entirely  depends. 

Both  Governments  being  equally  desirous  to  find  a  prompt  soliitioi 
of  the  difficulty  which  now  impedes  the  conclusion  of  the  arbitiatioi 
agreement,  Lord  Salisbury  has  authorized  me  to  make  the  followin; 
proposal:  His  lordship  suggests  that  the  six  articles  of  the  arbitratioi 
agreement  already  accepted  by  both  Governments  should  be  signei 
now,  and  also  an  article  providing  for  the  reference  to  the  arbitrator) 
of  any  question  of  fact  which  either  Government  may  desire  to  suli 
mit  to  them  regarding  the  claims  for  compensation  to  which  it  consideri 
itself  to  be  entitled.  The  application  of  international  law  to  those  facti 
would  be  left  as  a  matter  for  future  negotiation  after  they  shall  liavi 


the  questi( 
phiined  of 
of  iiabilitj 
It  is  prec 
question  f 

The  fact 
not  seriou 
seals  in  11 
arbitrator 
(lit)icult  q 
tind  it  nei 
It  was  not 
anv  ad  mi 
that,  if  th 
eiices  betv 
ity  for  the 

In  theii 
the  (late  o 
from  you  t 
clause  assi 
view  on  m 
objection ; 
tions  wer( 
reason  am 
your  Gove 
you  inforn 
chmse,  as 

The  above 

claims  for  co 

till!  pro tootifl 

on  the  part 

I  nationals  or 


►sed  since  the 
y^  remind  yoii 
,1  discussions 
iilty  witliout 
[formal  inter 
10  Prcsitlent 
troiiblesoine 
nt,  and  J  now 
iTCspoudcncc 

UNOEFOTE. 


BERING   SEA. 


71 


been  ascertained,  and  might  be  subatKiuently  referred  to  the  arbitrators, 
iu  whole  or  in  part,  if  the  two  Goverunients  HhouKl  agree  to  do  so. 

The  above  proposal  presents  so  logical  and  practical  an  issue  out  of 
the  difficulty  that  I  can  not  but  think  that  it  will  commend  itself  to  tiie 
favorable  consideration  of  the  President,  and  1  hope  it  will  meet  with 
lii.s  acceptance. 
I  have,  etc., 

^  Julian  Paunoefotb. 


tATION, 

')er  17, 1891. 

1  of  July  last 
in  the  Bering 
lie  Marquis  of 

ilship  respect 
I  your  note  aa 


after  the  full 
lis  new  clause 
lion  it  implie: 
veruments  foi 
r  their  flag  on 
,w  of  nations 


n  belialf,  as  wel 
lands,  claiiiiH  foi 
0118  acting  nude 
lecide  upou  sucl 

8  (Toveriiinen 
gful  action  0 
1  flag, 
octrine.  Th 
efore  likely  t( 
rd  indefinitely 
dlidity  of  th( 

ompt  solutioi 
lie  arbitiatim 
tho  followiii 
he  arbitratio 
lid  be  8igii» 
he  arbitratori 
desire  to  sul' 
eh  it  con  side 
to  those  I 
ley  shall  liav 


Mr.  Wharton  to  Sir  Julian  Pauncefote. 

Department  of  State, 

Washington,  October  22,  1891. 

Sm:  I  have  laid  before  the  Pr<»8ident  your  note  of  th^  17th  instant, 
auil  he  directs  me  to  express  hit  regret  that  your  Government  has  not 
seen  tit  to  accept  the  modifle<l  form  of  the  seventh  clause  which  was 
jirtijiosed  in  my  note  of  July  23  last. 

This  moditication  of  the  clause  in  question  was  made  with  a  view  to 
obviate  the  objection  urged  iu  your  note  of  July  13,  and  the  President 
is  unable  to  see  how  it  can  be  held  to  imply  an  admis*sion  on  the  part 
of  Great  Britain  "of  a  doctrine  respecting  the  liability  of  governments 
for  the  acts  of  their  nationals  or  other  persons  sailing  under  their  flag 
on  the  high  seas,  for  which  there  is  no  warrant  in  international  law." 
The  proposition  was  expressly  framed  so  as  to  submit  to  the  arbitrators 
the  question  of  the  liability  of  each  Government  for  specified  acts  com- 
plained of  by  the  other,  and  its  language  no  more  implies  an  admission 
of  liability  on  the  part  of  one  Government  than  on  the  part  of  the  other. 
It  is  precisely  because  the  two  Govern  inents  can  not  agree  as  to  the 
question  of  liability  that  arbitration  becomes  necessary. 

Tlie  facts  upon  which  the  respective  claims  for  compensation  rest  are 
not  seriously  in  dispute,  to  wit,  the  seizure  of  vessels  and  the  killing  of 
seals  in  Rehring  Sea,  and  it  would  probably  not  require  i he  aid  of 
arbitrators  for  their  ascertainment.  But  it  is  the  more  inqiortaut  and 
(litlicult  question  of  liability  respecting  which  the  two  Governments 
find  it  necessary  to  invoke  tlie  intirposition  of  impartial  arbitration. 
It  was  not  the  intention  of  thifi  Government  to  require  of  Great  Britain 
any  admission  of  liability  for  the  acts  complained  of,  but  it  has  felt 
that,  if  the  arbitration  was  to  remit  iu  a  full  settlement  of  the  differ- 
ences between  the  two  Governments,  the  question  of  respective  liabil- 
ity for  these  acts  should  go  to  the  arbitrators  for  decision. 

Ill  the  informal  conferences  which  have  taken  place  between  us  since 
the  date  of  my  note  of  July  25,  you  will  remember  that  1  have  solicited 
from  you  any  suggestions  in  support  of  the  objection  that  the  modified 
clause  assumes  a  liability  on  the  part  of  your  Government,  having  in 
view  on  my  part  an  amendment  of  the  phraseology  to  overcome  the 
objection  ;  and  I  have  to  express  disappointment  that  no  such  sugges- 
tions were  found  in  your  note  of  the  17th  instant.  It  was  lor  this 
reason  and  in  the  hope  that  the  clause  might  be  made  acceptable  to 
your  Government  that  after  the  receipt  of  your  note  I  submitted  to 
you  informally  the  following  amendment  to  be  added  to  the  seventh 
clause,  as  proposed  in  my  note  of  July  23: 

Till)  above  provision  for  tlie  siiliiui88U>n  to  tlic  arbitrators  by  the  United  States  of 
claiiim  for  compensation  by  reason  of  the  killing  of  seals  by  persons  actinj»  under 
till!  pro  tec  tioii  of  the  British  Ua;;  shall  not  be  considered  as  implying  any  adiiiissiou 
oiiiliG  part  of  the  Government  of  Great  Britain  of  its  liability  for  the  acts  of  its 
nationals  or  otber  persons  sailing  nndei  its  (lag. 


72 


BERING    SEA. 


We  liave  now  bnen  inrormed  by  you  thai  your  Government  is  nn- 
williiij;  to  accept  tli6  clause  even  with  tliis  addition  by  way  of  amend- 
niont. 

Wboii  in  yonr  note  of  February  21  last  you  communicated  tbe  desire 
of  Lord  Salisbury  for  a  "  relereiice  to  the  arbitrator  of  the  question  of 
dauiiifics  (iiic  to  persons  who  liave  been  injured,  in  case  itsltould  be  de- 
termined l)y  liiui  that  the  action  ot  the  United  States  in  seizin};  British 
vessels  has  been  without  warrant  in  international  law,"  the  rresideiit 
cheerfully  accei>ted  the  suftfiestion,  and,  coupling  with  it  the  claim  of 
dama{;es  preferred  by  the  United  States,  proposed  to  submit  both  qnes- 
tions,  as  presented  by  the  respective  (Jovernments,  to  arbitration,  thus 
nialdu}''  a  complete  and  final  settlement  of  all  differences  between  the 
the  two  Governments  connected  with  the  seal  flsheries.  To  withdraw 
this  compreiuMisive  submission  of  specified  claims  and  substitute  for  it 
a  mere  reference  to  the  arbitrator  of  (luestions  of  fact  touching  the  same 
chiims  which  are  not  to  be  iield  binding  ajmn  either  Government,  as 
you  propose,  is,  in  the  oiiinion  of  the  President,  an  imperfect,  and,  he 
fears,  may  im)ve  an  ineffectual,  disposition  of  the  question  of  daiinn. 
But,  haviiig  failed  in  his  effoi  ts  by  modification  and  amendment  to  se- 
cure the  acceptance  by  your  Government  of  the  clause  fo"  a  full  adjust- 
ment of  these  claims,  and  heartily  i)articipating  in  the  desire  expressed 
in  your  note  for  a  i»rompt  solution  of  the  dithculty  which  impedes  the 
conclusion  of  the  arbitration,  he  has  thought  it  best  to  terminate  the 
discussion  by  proposing  to  you  the  following,  to  constitute  the  text  of 
clause  7 : 

The  respective  GovcrnniontH  having  fomid  tlieniselvos  iiijal)ie  to  agree  upon  a  ref- 
{•rencc  wliicli  sliall  iuclndc  tlu>  (iiicslion  of  Hie  lialiility  of  each  for  tlie  injuries  al- 
lc.<rvi\  to  liave  Itceii  siiislaim'd  hy  llir  (itluT  or  liy  its  <iti/eii.s,  in  connection  with  tlie 
clainiH  presented  and  iir;;ed  liy  il,  and.  Iieiiin  HolicitoiiH  lliat  thinHnliordinato  qiiestidii 
(should  not,  inteniipt  or  longer  delay  tlie  siiliiiiis.sion  and  detcrniiiiiition  of  the  main 
questions,  do  aivree  ilial  eitliei  niiiy  suliMilt  to  the  arliitratorsany  (juestion  of  fact  in- 
volved in  Niiid  claiiiis  and  aslv  lor  a  lliidinn  i  hereon,  tin?  <|neHtioii  ol  the  liability  of 
either  Governineiit  upon  the  fauts  I'ound  to  be  the  sulijectof  further  negotiation. 


I  am,  etc., 


William  F.  Whauton, 

Acting  Secretary, 


Sir  Julian  Panncefote  to  Mr.  Wharton. 

British  Legation, 
Washinf/ton,  October  23,  1891. 

Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
yesterday's  tlate  in  ro]ily  to  mine  of  the  17th  instant,  in  which  I  stated 
the  grounds  on  which  Her  JNhtjesty's  (ioverument  found  themselves 
unable  to  accept  the  form  of  clause  relating  to  damages  proposed  in 
your  note  of  July  2;:5  hist  for  insertion  in  the  Bering  Sea  arbitratiou 
agreement.  In  that  note  I  infoiined  you  that  I  had  been  authorized  by 
the  l\Iarquis  of  Salisbury,  with  a  view  to  a  prompt  settlement  of  the  diffi- 
culty, to  make  the  following  suggestions,  namely,  that — 

the  Hix  arlichs  of  the  uibll ration  a<;reenieiit  already  accejited  by  liotli  Govern- 
inents  should  be  .sijfiiod  now,  and  al.so  an  article  iiroviding  lor  the  reference  to  tbe 
arldtralors  of  any  (luestioii  ot  fact  which  oitlier  Government  may  desire  to  snbniitto 
Iheni  rc{;arding  tlie  claims  for  compensation  to  which  it  considers  itself  to  be  en- 
titled. The  application  of  inleriialional  law  to  tlioso  facts  would  bo  left  as  a  niatter 
for  future  ne^'oliation  altiM- t  bey  sliall  have  been  ascertained,  and  might  be  sidisc- 
((ucntly  referred  to  the  arbitrators,  iu  whole  or  in  part,  if  the  two  Qovernmeuts  should 
agree  to  do  so. 


BERING   SEA. 


73 


ment  is  nn- 
y  of  amend- 

(1  the  desire 
question  of 
lioiild  be  (le- 
zinff  British 
»e  President 
the  claim  of 
it  both  ques- 
tration,  tiius 
between  tlie 
ro  withdraw 
stitute  for  it 
iug  the  same 
I'ernraeut,  as 
feet,  and,  he 
)o  of  claiins, 
dnient  to  se- 
a  full  adjust- 
ire  expressed 
impedes  the 
erminate  the 
e  the  text  of 


{ree  upon  a  rcf- 
tbe  injuries  al- 
icctioii  witli  tlie  1 
(liiiato  (luestidii 
oil  of  the  main 
istioii  of  fact  in- 
tilt!  linliilitydf  | 
lOKotiatiou. 


Ill  your  note  under  acknowlcd^jincnt,  in  which  yon  reply  to  the  above 

Isiifj^eytion,  you  advert  to  the  discussions  and  iiJoiiiiiil  coiiieiviuies 
winch  have  taken  ])lace  on  the  subject  of  the  clause  dealing  with  the 

|(|ii('stion  of  danuifjes,  and  you  state  that  the  President  is  unable^  to  se(^ 
how  the  seventh  clause  jirojiosed  in  your  note  of  the  L'.'Sd  of  .luly  last 

lean  be  held  to  imply  an  admission  on  the  part  ol'  (Jreal  Britain  "of  a 
doctrine  respecting  the  liability  of  govcrninents  for  the  acts  of  their 
nationals  or  other  ])ersous  sailing  under  their  Hag  on  the  high  seas,  for 
ffliich  there  is  no  warrant  in  international  law."  Those  are,  no  doubt, 
the  terms  in  which  I  stated  generally  t  he  objection  of  Her  Majesty's  ( iov- 
eriiiiient  to  the  form  of  clause  in  (piestion.     But  I  am  relieved  from  ex- 

ndaihing  their  objection  in  greater  detail  by  the  projjosal  of  the  Presi- 
dent, with  wiiich  your  note  concludes,  to  substitute  a  new  clause  which 

I  substantially  t  arries  out  Lord  Salisbury's  suggestion. 
You  state  that  the  President  has  thought  il:  best  to  terminate  the 

Idiscussion  by  proposing  to  me  the  following,  to  constitute  the  text  of 

I  clause  7: 

Tliii  respective  GoverninentH  having  found  thpmselves  iiniihlo  to  afiioe  njioii  a 
Irefcieiice  which  shall  include  the  (luestioii  of  the  liahility  of  each  fm  tin-  iiijurieH 
lalii'jjed  to  have  been  suHtained  by  theother  or  by  its  cili/ens,  in  comih  ion  willi  tiio 
IflaliiiH  presented  a. d  nrj;ed  by  it,  and,  beinjj;  HolicitouH  that  tins  sul  idiiiate  rjiu^H- 
Itiou  should  not  intt.rrii])t  or  lonjjer  delay  tlie  submission  and  delenimiation  of  the 
lijiaiu  (iiiestiona,  do  aRvee  that  either  may  snbmif,  tci  the  aibitiatois  any  ((Ui  .lion  of 
ll'iict  involved  in  said  claims  and  ask  for  a  liiidiii<{  tlieieuii,  I  lie  (iiustioii  of  the  liability 
|of either  Government  ujion  the  facts  found  to  be  the  subject  of  fiirtlier  ne!4;otiatiou. 

I  am  glad  to  be  able  to  announce  to  you  that  I  have  receive;!  by  tel- 
legraph  the  authority  of  Lord  iSalisViuiy  to  accept  the  above  clause  on 
Ibehalf  of  Her  Majesty's  Government,  and  in  doing  so  I  beg  to  exjiress 
liiiy  gratification  at  this  satisfactory  solution  of  the  dilliculty  which  has 
|del!iyed  the  conclusion  of  the  arbitration  agreement. 
I  have,  etc., 

Julian  Pauncefote. 


UlTON, 

Secretary. 


ATION, 

er  23,  1891. 

f  your  note  of 
liich  I  stated 
id  themselves 
8  proposed  in 
■a  arbitration 
tuthorized  by 
ntof  thediffl- 


f  both  Govern- 
reference  to  the 
lire  to  submit  to 
itself  to  been- 
.left  as  a  matter 
might  be  biiIisd- 
ernmeuts  should 


Sir  Julian  Fauncefote  to  Mr,  Blaine. 

■      British  Legation, 
Washington,  Norcwher  1','),  1891. 

Sir:  I  informed  the  Marquis  of  Salisbury  of  our  proi)osal  to  sign  the 
Itext  of  the  seven  articles  to  be  inserted  in  the  Behring  Sea  arbitration 
lagreement  and  of  the  Joint  Commission  article,  as  settled  in  the  dip- 
llomatic  correspondence,  in  order  to  record  the  progress  made  up  to  the 
[present  time  in  the  negotiation. 

Lord  Salisbury  entirelj^  approves  of  that  proposal,  but  he  has  in- 
Istructed  me,  before  signing,  to  address  a  note  to  you  for  the  purpose  of 
[obviating  any  doubts  which  might  hereafter  arise,  as  to  the  meaning 
pi  effect  of  article  6,  which  is  as  follows : 

"If  the  determination  of  the  foicfroingciuestions  as  to  the  exclusive  .inrisdiotion  of 

Ibe  United  States  shall  leave  the  subject  in  such  position  that  the  couciirrence  of 

TSreat  Britain  is  necessary  to  the  establishnieiit  of  re;'iilationH  for  the  projjpr  protee- 

|ion  iiiid  the  preservation  of  the  fur-seal  in,  or  haliitually   resorting-  to  rho  lichriiig 

!fa,  the  artjitrators  shall  then   determine  what  concurrent  rciviilations  outside  the 

kisilictional  limits  of  the  respective  Goveintiunts  are  ntcessary,  ami  over  what 

Rteis  such  regulations  should  extend  ;  and,  to  aid  them  in  that  deterniinatiDn,  the 

pport  of  the  Joint  coinniission  to  be  ai>|)ointed  by  the  respective  (ioverniiients  shall 

Maid  before  them,  withsnchother  evidence  as  either  Goverinnenf  may  siiluuit.     The 

tontiiictiug  powers  furthermore  agree  to  cooperate  in  securing  the  adhesion  of  other 

lowers  to  such  regulations." 


74 


BKRINd  HKA. 


Lord  Salisbury  doHires  to  make  the  following  two  reservations  on  the 
above  article: 

Ilia  lonlsbip  iinderstaiKla,  HrHt,  that  the  nfoessity  of  any  regulations 
is  left  to  the  arbitrators,  as  well  as  tiie  nature  of  those  regulations,  if 
the  necessity  is  in  tlieir  judgment  proveil.  Secondly,  that  the  regiila 
tions  will  not  become  obligatory  on  Great  Britain  and  the  United  States 
until  they  have  been  accepted  by  the  other  maritime  powers.  Otlii'i 
wise,  as  his  lordship  observes,  the  two  Governments  would  be  simply 
handing  over  to  others  the  right  of  exterminating  the  seals. 

1  have  no  doubt  that  you  will  have  no  ditticnlty  in  concurring  in  the 
above  reservations,  and  subject  thereto  I  shall  be  prepared  to  sign  tlie 
articles  as  proposed. 
I  have,  etc., 

Julian  Paunoefotk. 


Mr.  Blaine  to  Sir  Julian  Paunce/ote, 

Department  of  State, 

Wanhington,  November  27,  1891. 

Sir:  In  the  early  part  of  last  week  you  furnished  the  exact  points 
which  had  been  agreed  u])on  for  arbitration  in  the  matter  of  the  Behriiig  | 
Sea  negotiation.     You  called  later  ami  corrected  the  language  which 
introduced  the  agreement.     In  lact  the  two  copies  framed  were  taken 
entirely  from  your  minutes.     It  was  done  with  a  view  that  you  and  1 1 
should  sign  them,  and  thus  authenticate   the  points  for  the  arbitrators! 
to  consider. 

"You  inform  me  now  that  Lord  Salisbury  asks  to  make  two  reserva- 
tions in  the  sixth  article.     His  tirst  reservation  is  that  "the  necesHityl 
of  any  regulation  is  left  to  the  arbitrators,  as  well  as  the  nature  of  those  | 
regulations  if  the  necessity  is  in  their  judgment  proved." 

What  reason  has  Lord  Salisbury  for  altering  the  text  of  the  article! 
to  which  he  had  agreed  ?     It  is  to  be  presumed  that  if  regulations  are 
needed  they  will  be  made.     If  they  are  not  needed  the  arbitrators  will 
not  make  them.    The  agt cement  leaves  the  arbitrators  free  upon  lliatj 
point.    The  first  reservation,  therefore,  has  no  special  meaning. 

The  second  reservation  which  Lonl  Salislniry  makes  is  that  "tliel 
regulations  shall  not  become  obligatory  on  Great  Britain  and  the 
United  States  until  they  have  been  accepted  by  the  other  maritiinel 
powers."  Does  Lord  Salisbury  mean  that  the  United  States  and  (ireatl 
Britain  shall  refrain  from  taking  seals  until  every  maritime  power  Joiiisl 
in  the  regulations?  Or  does  he  mean  that  sealing  shall  be  resuiiKHlj 
the  Ist  of  May  next  and  that  wC;  shall  proceed  as  before  the  arbitra  [ 
tion  until  the  regulations  have  been  accepted  by  the  other  "  maritiiuej 
powers?" 

"  Maritime  powers"  may  mean  one  thing  or  another.  Lord  Salisburyl 
did  uot  Sfiy  the  principal  maritime  powers.  France,  Spain,  Portiij;al.| 
Italy,  Austria,  Turkey,  Russia,  Germany,  Sweden,  Uolland,  Belgiiini,r 
are  all  maritime  powers  in  the  sense  that  they  maintain  a  navy,  gieiitj 
or  small.  lu  like  manner  Brazil,  the  Argentine  Confederation,  Cliilel 
Peru,  Mexico,  and  Japan  are  maritime  powers.  It  would  require  a  longl 
time,  three  years  at  least,  to  get  the  assent  of  all  these  powers  Mr-f 
Bayard,  on  the  19th  of  August,  18S7,  addressed  Great  Britain,  GeriniinyJ 
France,  Russia,  Sweden  and  Norway,  and  Ja|)an,  with  a  view  to  si-ciirj 
lug  some  regulations  in  regard  to  the  seals  in  Behring  Sea.    FruuceJ 


tionson  the 

j;uluti()iis,  il 
the  re^ilii 
uitedStiiti's 
ira.  Otlier 
I  be  .siiii|)ly 
I. 

rring  in  the 
[  to  sign  tliu 


NOEFOTK. 


BERING   SEA. 


75 


>r  27,  1891. 
exact  points 
■  the  Behrini; 
[;iiage  wliicli 
[  were  taken 
it  you  ami  1 
e  arbitrators 

two  reserva- 
he  necessity 
iture  of  those 

of  the  article 
filiations  are 
bitrators  will 
■ee  npon  that 
aniug. 
is  that  "the 
ain  and  the 
her  maritime 
tea  and  (Ireat 
e  power  Joins 
be  resuiiK'il 
Q  the  arbitra 
er  "  maritime 

ord  Salisbury 
lin,  Portugal. 
iiid,  Belfiinin 
a  navy,  };'reat| 
iration,  Oliile 
require  a  Ion 


jiilian,  and  Russia  rei)lied  with  hinguid  iiidiil'erence.  Great  Britain 
iit'vtu'  rejdied  in  writing.  Germany  did  not  re|)iy  at  all.  Swetlen  and 
Norway  said  the  matter  was  of  no  interest  to  them.  Tims  it  will  be 
apiin.    Such  a  proposition  will  postpone  the  matter  indetlnitely. 

riie  President  regards  Lord  Salisbury's  second  reservation,  therefore, 
as  a  material  change  in  the  terms  of  the  arbitration  agreed  upon  by 
this  Government;  and  heinstruiits  me  to  say  that  he  does  not  feel  will- 
ing to  take  it  into  consideration.  He  adheres  to  every  point  of  agree- 
ment which  has  been  made  between  the  two  powers,  according  to  the 
text  which  you  furnished,  lie  will  regret  if  Lord  Salisbury  shall  insist 
uii  a  substantially  new  agreement.  He  sees  no  objection  to  submitting 
the  agreement  to  the  principal  maritime  powers  for  their  assent,  but 
he  can  not  agree  that  Great  Britain  and  the  United  States  shall  make 
their  adjustment  dependent  on  the  action  of  third  parties  who  have  no 
direct  interest  in  the  seal  fisheries  or  that  the  settlement  shall  be  post- 
poned until  those  third  parties  see  tit  to  act. 
I  have,  etc., 

James  G.  Blaine. 


powers 


MrJ 


ain,Gernianyl 
view  to  secitrj 
Sea.    Frauce^ 


Sir  Julian  Pauncefote  to  Mr.  Blaine. 

British  Legation, 
Wanhington,  December  1,  1891. 

Sib  :  I  communicated  by  telegram  to  the  Manpiis  of  Salisbury  the 
sulistance  of  your  note  of  the  U7tli  ultimo,  respecting  the  two  reserva- 
tions which  Her  Majesty's  Government  desire  to  make  in  relation  to 
liie  sixth  clause  of  the  pro|)osed  Behring  Sea  arbitration  agreement,  as 
stilted  in  my  note  of  the  23d  uMmo,  and  1  have  now  the  honor  to  iu- 
lorni  you  that  I  have  received  a  reply  from  his  lordship  to  the  following 
etlect': 

As  regards  the  first  reservation  Lord  Salisbury  observes  that  the 
statement  contained  in  your  note  that  the  clause  leaves  the  arbitrators 
free  to  decide  whet'jer  regulations  are  needed  or  not,  assures  the  same 
end  as  the  proposed  reservation,  which  therefore  becomes  unnecessary 
and  may  be  put  aside. 

With  respect  to  the  second  reservation,  his  lordship  states  that  it  was 
not  the  intention  of  Her  Majesty's  Government  to  ilefer  putting  into 
practical  execution  any  regulations  which  the  arbitrators  may  prescribe. 
its  object  is  to  prevent  the  fur-seal  fishery  in  Behriug  Sea  from  being 
placed  at  the  mercy  of  some  third  power.  There  is  nothing  to  prevent 
Mich  third  power  (Russia,  for  instance,  as  the  most  neighboring  nation), 
if  unpledged,  from  stepping  in  and  securing  the  fishery  at  the  very 
seasons  and  in  the  very  places  which  may  be  closed  to  the  sealers  of 
Great  Britain  and  the  IJnited  States  by  the  regulations. 

Great  circumspection  is  called  for  in  this  direction,  as  British  and 
American  sealers  might  recover  their  freedom  and  evade  all  regulations 
by  simply  hoisting  the  flag  of  a  non-adhering  power. 

How  is  this  diiHculty  to  be  met !  Lord  Salisbuiy  suggests  that  if, 
after  the  lapse  of  one  year  from  the  date  of  the  decree  o"  regulations,  it 
shall  .appear  to  either  Government  that  serious  injury  is  occasioned  to 
the  fishery  from  the  causes  above  mentioned,  the  Government  com- 
plaining may  give  notice  of  the  suspension  of  the  regulations  during 
Hie  ensuing  year,  and  in  such  case  the  regulations  shall  be  suspended 
Qutil  arrangements  are  made  to  remedy  the  complaint. 


76 


BERING   SEA. 


Lord  Salisbury  further  projjoses  that,  in  case  of  any  dispute  ariRiiig 
between  the  two  Goveriiinents  as  to  the  gravity  of  the  injury  canscd  to 
the  fishery  or  as  to  any  other  fact,  tlie  question  in  controversy  shall  bu 
referred  for  decision  to  a  Britisli  and  an  Amoiican  admiral,  wiio,  if  tlicy 
should  be  unable  to  agree,  may  select  an  unii)ire. 

Lord  Salisbury  desires  me  to  ascertain  whether  some  provision  of 
the  above  nature  would  not  meet  the  views  of  your  (iovernment. 
I  have,  etc., 

'    Julian  Paiincefote. 


Mr.  Blaine  to  Sir  Julian  Patincefote. 

Department  of  State, 
Washirif/ton,  December  2,1891. 

Sir:  I  have  attentively  read  your  note  of  the  1st  instant  and  sub 
mitted  it  to  the  President.  The  President  is  unable  to  see  the  dan<;t'i' 
which  Lord  Salisbury  apprehends,  of  a  tJjird  nation  engaging  in  takiiij; 
seals  regardless  of  the  agreement  between  Great  Britain  and  the  fJniteil 
States.  The  dispute  between  the  two  nations  has  now  been  in  progress 
for  more  than  live  years.  During  all  tliat  time,  while  Gieat  Britain  was 
maintaining  that  the  Behring  Sea  was  open  to  all  comers,  at  any  time. 
as  of  right,  not  another  Euroi)ean  nation  has  engaged  in  scaling. 

A  German  vessel  once  made  its  aj)pcarance  in  Bclning  Sea,  but  did 
not  return,  being  satisfied,  I  suppose,  that  at  the  great  distance  tlioy 
have  to  sail,  the  (Jermans  could  not  successfully  engage  in  sealing. 
liussia,  whose  interference  Lord  Salisbury  seems  to  specially  appie 
heud,  will  not  dissent  from  the  agreement,  because  such  dissent  would 
put  to  hazar<l  her  own  sealing  property  in  the  Behring  Sea.  On  the 
contrary,  we  may  confidently  look  to  Russia  to  sustain  and  strengtlKii 
whatever  agreement  Great  Britain  and  the  United  States  may  con- 
jointly ordain. 

It  is  the  judgment  of  the  President,  therefore,  that  the  apprehension 
of  Lord  Salisbury  is  not  well  grounded.  He  believes  that,  however 
the  arbitration  between  Great  Britain  and  the  United  States  may  ter- 
minate, it  will  be  wise  for  the  two  nations  to  unite  in  a  note  to  the 
principal  powers  of  Europe,  advising  them  i'.i  full  of  what  has  been 
done  and  confidently  asking  their  approval.  He  does  not  believe  that, 
with  full  explanation,  any  attemi)t  will  be  made  to  disturb  the  agree 
ment.  If,  contrary  to  his  firm  belief,  the  agreement  shall  be  disturbed 
by  the  interference  of  a  third  power,  Great  Britain  and  the  United 
States  can  act  conjointly,  and  they  can  then  far  better  agree  upon  what 
measure  may  be  necessary  to  i)revent  the  destruction  of  the  seals  tliau 
they  can  at  this  time. 

The  President  hopes  that  the  arbitration  between  Great  Britain  and 
the  United  States  will  be  allowed  to  proceed  on  the  agreement  regn- 
larly  and  promptly,  it  is  of  great  conse<iueuce  to  both  nations  that 
the  dispute  be  ended,  and  that  no  delay  •>*■<  caused  by  introducing  new 
elements  into  the  agreement  to  which  both  nations  have  given  tiieir 
consent. 

I  have,  etc., 

James  G.  Blaine. 


BERING   SEA. 


77 


mte  arisintj 
y  (iaiiKcd  to 
■sy  shall  be 
H'lio,  if  they 

)rovisioii  of 
inent. 

SCEFOTE. 


ATE, 

'w  2,1891. 

lit  and  suli- 

i  tlie  (lniii;('r 

ii}>'  iu  takiiii; 

il  the  United 

11  ill  progi'fHS 

Britain  was 

at  any  tiiiK*. 

'aiiii<>-. 

Soa,  but  (lid 

i.stance  they 

e  ill  sealing, 

cially  appie 

issent  would 

3ea.     On  the 

il  streiigtiien 

ies  may  con- 

ippreheiisioii 
lat,  however 
ites  iuay  ter- 

note  to  the 
lat  has  been 
believe  that, 
rb  the  ajriee 
be  disturbed 

the  United 
!e  upon  wiiiit 
lie  seals  tluiu 

;  Britain  aiul 

eeiiieut  legu 

natiouH  that 

oducinK  new 

e  given  their 


}.  Blaine. 


Sir  Julian  Fannce/oie  to  Mr.  Blaine. 

British  Legation, 
Washington,  December  8,  1891.     (Hoceived  December  9.) 

Sir:  The  Marquis  of  Salisbury,  to  whom  i  telofjfiaphed  the  contents 
(it  your  letter  of  the  2d  instant  on  thesulijecrt  of  the  sixth  article  of  the 
))i()posed  Behring  Sea  arliitration  agreement,  is  under  the  impression 
that  the  President  has  not  rightlv  und  ■  <ood  his  lordship's  am)rehen- 
.sioii  with  reference  to  the  regulations  !o  lie  made  by  the  arnitrators 
under  that  article.  His  fear  is  not  that  the  other  jiowers  will  re'ject  the 
lejjfulations,  but  that  they  will  refuse  to  allow  the  arrest  by  British  and 
American  cruisers  of  ships  under  their  flag  which  mi.y  engage  in  the 
fur  seal  tishery  in  violation  of  the  regulations.  Such  refusal  is  highly 
probable  in  view  of  the  Jealousy  which  exists  as  to  the  right  of  search 
on  the  high  seas,  and  the  consequence  must  inevitably  be  that  during 
tlie  dose  season  sealing  will  go  on  under  other  flags. 

It  can  not  be  the  intention  of  the  two  Governments,  in  signing  the 
pioposed  agreement,  to  arrive  at  such  a  re.'^ult. 

I  do  not  understand  you  to  dispute  that  sliould  such  a  state  of  things 
arise  tl»«  agreement  must  collapse,  as  the  two  Govenimeni  ^  couhl  not  be 
exjiected  to  eutbrce  O'U  their  resp<'ctive  nationals  legulat  ons  which  are 
Violated  under  foreign  flags  to  the  serious  iiijuiy  of  the  lislieiy. 

1  hope,  therefore,  tha/t  on  fuitlier  consideration  the  President  will  rec- 
ognize the  imi)ortan<;e  of  arriving  at  some  understaiidiiig'  of  the  kind 
suggested  in  my  note  of  the  1st  instant. 
I  have,  etc., 

Julian  f  aunoefote. 


Mr.  Blaiiie  to  iSir  t'uliait  Pauncefote, 

Depahtment  of  State, 
WaKhinyOr/t,  December  10,  1801. 

Sir  :  In  reply  to  your  note  of  th^  8th  instant,  I  have  the  following 
observations  to  make : 

First.  Ever  since  the  Behring  Sea  question  has  been  in  dispute  (now 
nearly  six  years)  not  one  ship  from  P'rance  or  (M-rmany  has  ever  engaged 
in  sealing.  This  aii'ords  a  strong  presumption  thr.t  none  will  engage  in 
ir  in  the  future. 

Second.  A  still  stronger  ground  against  their  taking  ])art  is  that  they 
can  not  afford  it.  From  Fiance  or  tJermany  to  Behring  Sea  by  the 
sailing  lines  is  nearly  20,(M)()  miles,  and  they  would  have  to  make  the 
voyage  with  a  larger  ship  tlian  can  be  profitably  employed  in  sealing. 
They  would  have  to  start  from  home  the  winter  preceding  the  sealing 
season  and  risk  an  unusually  hazardous  voyage.  When  they  reach 
the  fishing  grounds  they  have  no  territory  to  which  they  could  resort 
tor  anj  purpose. 

Third.  If  we  wait  until  we  get  France  to  agree  that  her  ships  shall 
iie  searched  by  American  or  British  cruisers,  we  will  wait  until  the  last 
s  'al  is  taken  in  Behring  Sea. 

Thrus  much  for  France  and  Germany.  Oilier  Eurojiean  countries 
iiave  the  same  disaliilities.  Kus^ia,  cited  by  Lord  Salisbury  as  likely 
to  embarrass  the  United  States  and  lOngland  by  interference,  1  should 
ugard  as  an  ally  and  not  an  enemy.  Nor  is  it  probable  that  any  Amer- 
ican country  will  loan  its  flag  to  vessels  engaged  in  violating  the  Bering 
iSea  regulatiuuB. 


78 


BERING    SiCA. 


To  f  ton  tlie  arbitration  a  whole  nr.mtli  on  a  question  of  this  charac- 
ter J)  oniises  ill  for  its  siu^ceso.  ^ome  other  less  important  question 
even  tlian  this,  if  it  can  be  found,  may  piobably  be  started.  Theeft'ect 
can  only  be  to  exhaust  the  time  allotted  for  arbitration.  We  must  act 
niutniiliy  on  what  is  probable,  not  on  what  is  remotely  possible. 

The  J'resident  sngjiests  ajjam  that  the  i)roper  mode  of  proceeding  is 
for  legu  lilt  ions  to  be  agreed  upon  between  the  United  States  and  Great 
lirilain  and  then  subnutted  to  the  i)rincipal  maritime  powers.  That  is 
an  intelligent  and  intelligible  jjrocess.  To  stop  now  to  consider  tlie 
regulations  for  outside  nations  is  to  indetiiiitely  postpone  the  whole 
question.  The  President,  therefore,  adheres  to  his  ground  first  an- 
nounced that  we  must  have  the  arbitration  as  already  agreed  to.  He 
suggests  to  Lord  Salisbury  that  any  other  process  might  make  the  ar- 
bitration impracticable  within  the  time  siiecifled. 
I  have,  etc., 

James  G.  Blaine. 


Sir  Julian  Panncefote  to  Mr.  Blaine. 

British  Legation, 
Washington,  December  11,  1891. 

Sir:  I  have  the  honor  to  inform  you  that  I  t«!legrai)hed  to  the  Mar- 
quis of  Salisbury  the  substance  oi'  your  note  of  yesterday  respecting 
the  sixth  article  of  the  jiroposed  Behring  Sea  arbitration  agreement,  and 
thiit  I  have  received  a  reply  from  his  lordship  to  the  following  etiect: 
In  view  of  the  strong  opinion  of  the  I'rcsiilent,  reiterated  in  your  note 
of  yesterday,  that  the  d;nigt'r  apprehended  Ity  Lord  Salisbury,  and  ex- 
plained in  my  note  of  the  8tli  instant,  is  too  remote  to  justify  the  delay 
which  might  iTe  incurred  by  guarding  against  it  now,  his  lordship  will 
yield  to  the  President's  appeal  and  not  press  for  further  discussion  at 
this  stage. 

iler  Majesty's  Government  of  course  retain  the  right  of  raising  the 
point  when  the  question  of  framing  the  regulutions  co?nes*  before  the 
arbitrators,  and  it  is  understood  that  the  latter  willhavefuU  discretion 
in  the  matter  and  may  attach  such  conditions  to  the  regulations  as  they 
may  a  j^mrj  judge  to  be  necessary  and  just  to  the  two  powers,  in  view 
of  tlie  dilficuity  i)ointed  out. 

Witli  the  above  observations  Lord  Salisbury  has  authorized  me  to 
sign  the  text  of  the  seven  articles  and  of  the  joint  commission  article 
referred  to  in  my  note  of  the  23  ultimo,  and  it  will  give  me  much  pleas- 
ure to  wait  upon  you  at  the  State  Department  for  that  purpose  at  any 
time  you  may  ajtpoint. 
1  have,  etc., 

Julian  Paunobfote. 


Mr.  Blaine  to  Sir  Julian  Panncefote. 

Department  of  State, 

Washington,  December  14,  1891 . 

Sir:  I  liave  the  honor  to  advise  you  that  1  submitted  your  not©  of 

the  11th  instant  to  the  President.     After  mature  deliberation  ho  has 

instructed  ine  to  say  that  Ik*  objects  to   Lord   Salisbury's  making  any 

reservation  at  all  and  that  ho  can  not  yield  to  him  the  light  to  appeal 


BERING    SKA. 


79 


is  cbarac- 
questioii 

Thee/te(!t 
must  act 

)le. 

;eo(liiig  \n 

iiid  Great 
Tliat  is 

isider  tlic 

the  wliolc 
tirst  au- 
to,    lie 

iti  the  ai- 


SLAINE. 


ON, 
1,  1891. 

I  the  Mar- 
respectiii},' 
iiieiit,  and 
ng  effect: 
jour  note 
\',  and  ex- 
the  delay 
dship  will 
[iussion  at 

aising  the 
jefore  th(i 
discretion 
lis  as  they 
H,  iu  view 

ed  me  to 
ion  article 
iich  pleas 
ise  at  am 


lEFOIE. 


4,  1891. 

nr  note  of 
n  ho  has 
iking  any 
to  appeal 


to  the  arbitrators  to  decide  any  point  not  embraced  i.i  the  articles  ot 
arbitration.  The  President  does  not  admit  that  Lotd  Salisbury  can 
reserve  the  right  in  any  way  to  affect  the  decision  ol  the  arbitrators. 
We  understand  that  the  arbitration  is  to  jiroeeed  on  the  seven  points 
which  are  contained  in  the  articles  which  you  and  I  certify  were  the 
very  points  agreed  upon  by  the  two  Governnieiits. 

For  Lord  Salisbury  to  claim  the  right  to  submit  this  new  ]ioint  to  the 
arbitrators  is  to  entirely  change  the  arbitration.  The  President  might 
in  like  manner  submit  several  questions  to  the  arbitrators,  and  tlius 
enlarge  the  subject  to  such  an  extent  thit  it  would  not  be  the  same 
aibitration  to  which  we  have  agreed.  The  I'resideiit  claims  the  right 
to  have  the  seven  points  arbitrated  and  respectlully  insists  that  Lord 
Salisbury  shall  not  change  their  tneaning  in  any  particular.  The 
matters  to  be  arbitrated  must  be  distinctly  understood  before  the  arbi- 
trators are  chusen.  And  after  an  arbitration  is  agreed  to  neither  of 
the  parties  can  enlarge  or  contract  its  scope. 

I  am  prejiared  now,  as  1  have  been  heretofore,  to  sign  the  articles  ot 
agreement  without  any  reservation  whatever,  and  *br  that  i)urpo.se  I 
shall  be  glad  to  have  you  call  at  the  State  Department  on  Wednesday 
the  16th  instant,  at  11  o'clock  a.  m. 
I  have,  etc., 

James  G.  Blaine. 


Sir  Julian  PaunceJ'ote  to  Mr,  Blaine. 

British  Legation, 
WanhlngUnu  December  15,  189L 
Sir:  1  have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
yesterday's  date  in  reply   to  mine  of  the  11th  instant,  respecting  the 
signature  of  the  seven  articles  of  the  proposed  Behring  Sea  arbitration 
agreement  therein  referred  to. 

I  will  transmit  a  copy  of  that  reply  to  the  Marquis  of  Salisbury  by 
t()  day's  mail,  but  I  beg  to  state  that,  jiending  his  lordship's  fuither  in- 
structions, it  is  not  in  my  jjower  to  ])rocee(l  to  the  signature  of  the  arti- 
cles in  question  as  proposed  at  the  close  cf  your  note. 
I  have,  etc., 

Julian  Pauncefote. 


Sir  Julian  Pauncefotc  to  Mr.  Blaine. 

British  Legation, 
Wa^hinptou,  Oeccmhcr  17,  1891. 

Sir:  I  have  the  honor  to  inform  you  that  I  conveyed  to  the  Manjuis 
of  Salisbury  by  telegram  the  substance  of  your  note  of  the  I4th  instant 
respecting  t '.e  sixth  article  of  the  proposed  Uehring  Sea  aibitration 
agreement,  and  t<liat  i  havt^  received  a  reply  from  his  hu'dship  in  the 
rollowing  sense: 

Lord  Salisbury  is  afraid  that,  owing  to  the  ditlicnlties  incident  to  tele- 
fiiaphin  ctminuii\iealions,  he  has  been  imperfeclly  (inderstood  l)y  liie 
i'resideiit.  He  consented,  at  th«"  IMcaideiit's  reipiest,  to  ilefer  lor  tlie 
present  all  tnrther  discussion  as  to  what  course  the  two  governments 
tisouhl  fellow  in  the  event  of  the  regiilutions  prescribed  by  thearbitra- 


80 


BERING   SEA. 


tors  being  evaded  by  a  change  of  flag.  It  was  necessary  that  in  doing  so 
he  should  guard  himself  against  the  supposition  that  by  such  consent 
he  hiid  narrowed  the  rights  of  the  contending  parties  or  of  the  arbitra- 
tors under  the  agreement. 

But  in  the  conimuiiication  which  was  embodied  in  my  note  of  tlie 
11th  instant,  his  lordship  made  no  reservation,  as  the  President  .'?eeiiis 
to  think,  nor  was  any  such  word  used.  A  reservation  would  not  lie 
valid  unless  assented  to  by  the  other  side,  and  no  such  assent  was 
asked  for.  Lord  Salisbury  entirely  agrees  with  the  President  in  his 
objection  to  any  point  being  submitted  to  the  arbitrators  which  is  not 
embraced  in  the  agreement;  and,  in  conclusion,  his  lonlship  author- 
izes me  to  sign  the  aiticles  of  the  arbitration  agreement,  as  proposed 
at  the  close  of  your  note  under  reply,  whenever  you  may  be  willing  to 
do  so, 

I  have,  etc., 

Julian  Pauncefote. 


Sir  Julian  Pauncefote  to  Mr.  Blaine. 

British  Legation, 
Washington,  D.  C,  December  30,  1891.    (Received  December  30.) 

Dear  Mk.  Blaine:  On  the  22d  instant  I  telegraphed,  as  you  de- 
sired, to  Lord  Salisbury  your  suggestion  that  the  number  of  arbitrators 
on  tbe  Bering  Sea  tribunal  should  be  reduced  from  seven  to  live  by 
limiting  the  representation  of  our  respective  Governments  tooneeacli, 
in  view  of  the  agreement  that  there  should  be  three  foreign  arbitrators 
besides  those  aiipointed  by  Great  Britain  and  the  United  States. 

Last  night  1  received  his  lordship's  reply,  which  is  to  the  effect  that, 
looking  at  the  importance  and  variety  of  the  questions  involved  and  to 
all  the  circumstances,  Her  Majesty's  Government,  after  mature  consid- 
eration, are  not  prepared  to  consent  to  being  represented  on  the  tribu- 
nal by  less  than  two  aibitrators.  L<ird  Salisbury  hopes  therefore  that 
you  will  be  n-aily  to  proi-eed  in  accordance  with  the  arrangement  at 
which  we  arrived  on  the  UUh  ultimo,  namely,  tliit  the  tribunal  shall 
consist  of  seven  arbitrators,  of  whom  our  res|K>ctive  Governments  shall 
app<»int  two  each,  an<l  the  other  three  shall  be  appointed  by  foreign 
Goxeinmeiits  to  be  selected  lor  that  pur}>ose.  All  seven  arbitrators  to 
be  jurists  of  repute  and  the  three  foreign  ones  v  nnderstaud  the  Eng- 
lishjanguage. 

1  remain  yours  very  truly, 

•llt^.IAN  Pauncefote. 


Sir  Julian  Pmmm^Ote  to  3fcr.  Wmne. 


Dear  Mr.  Blaine  : 
Sir  G.  Baden   Powell 
Kew  York,  whence  he 
come  to  Washington  with 
20th  in.st. 

Believe  me,  yours,  very 


iTisH  Legation, 
Wankmiton,  January  16,  1892. 
I  have  just  reeei\  e*l  a  telegram  to  the  effect  that 
leaves    Liverpool  this  day   by  the  .Etr'uria  tor 
will  proceed  to  Ottawa  for  a  few  days,  Hud  then 
Dr.  Dawson.     They  hope  to  be  here  on  the 


uuly, 


Julian  Pauncefotb. 


in  doing  HO 
i\\  consent 
he  arbitra- 

ote  of  tlie 
ent  seems 
Id  not  be 
issent  wim 
nt  in  his 
hich  is  not 
ip  author- 
proposed 
willing  to 


OEFOTE. 


ION, 

iber  30.) 
as  youde- 
irbitrators 

to  five  by 
)()iie  eacii, 
irbitrators 
iites. 

'H'ec.t  that, 
A'edandto 
ire  consid- 

the  tribii- 
relbre  that 
};(Mnent  at 
unal  shall 
iients  shall 
by  foreign 
litrators  to 
1  the  Eng- 


OBFOTE. 


roN, 

L6,  1892. 
effect  tliat 

ijtywria  for 
,  and  llicii 
ere  on  tlu- 


OEFOTB. 


BERING   SEA. 
Sir  Julian  Faunce/ote  to  Mr.  Blaine. 


81 


BUITISII    LKGATION, 

Washiiif/foH,  f/iinuary  21,  1892. 

Sir:  I  have  the  honor  to  inform  you  tliat  iinnicdiatt'ly  after  my  in 
tervievv  with  you  on  the  IHtli  instant  in  regard  to  tiie  countries  who 
are  to  name  the  arbitrators  in  the  Behring  Sea  controversy,  1  telegraphed 
to  tiie  Marquis  ot  Salisbury  th.-r  you  did  not  insist  upon  tiie  knowledge 
of  English  by  the  arbitrators  as  a  condition,  but  merely  as  a  desirable 
(|ualiiication. 

1  have  now  received  a  telegram  from  His  Lordsiiip  stating  that  Ilcr 
Majesty's  Government  accept  your  juoposal  that  the  arbitrators  shall 
be  chosen  by  France,  Italy,  and  Swedeu. 
I  have,  etc., 
■  Julian  Pauncefote. 


Sir  Julian  Pauncefote  to  Mr.  lUaine. 

BIUTI8H    liK(iATl<)N, 
W'(ishhn}fi>n,  Jainiari/  3i).i  1892. 
Sir  :  All  the  details  of  the  Behring  S*vt  arl)i(ratiou  ii   \  iiig  now  been 
liiially  settled  by  tiie  understandiiig  arriveil  at  »ts  to  the  (Joveriiments 
wiio  shall  be  invited  to  select  the  thre<'  foreign  arbitratois.  I  have  the 
honor  to  request  you  to  be  good  enough  to  inform  me  whether  you  are 
prepared  to  i)roceed  at  once  to  the  pn-paration  aiul  sig;»atnre  of  the 
formal  arbitration  convention  and  of  the  ,i«)int    commissiitn  ;ij4ieeineut. 
ill  accordance  with  the  text  of  the  ariielos  to  Ih»  mailed  therein  wliich 
was  signed  by  us  on  the  18th  l>ecembor  hist. 
1  have,  etc., 

Jl'LlAN   PAl'Nt  KFOTE. 


Mr.  Elaine  to  Sir  J^tinn  IVw»i!«/M»> 

l>r     VUVMKNT   OK   STATE, 

Sir:  1  have  the  hoiK>r  to  acknowlodju'thc  txwiptof  your  note  of  tlie 
'^"'th  ultimo,  in  which  y(>u  refer  to  tln'setiVuuMit  which  haslHvu  reached 
ill  completion  of  tlH>  details  of  the  Uehrmg  Sea  arl)itiat;  >'i,aud  inquii^ 
whether  1  am  proiMwed  toi>roc*v»l  at  ouce  to  the  p»x'(>aralt»>u  and  sijf- 
iiature  of  tlie  Kwinal  arbitration  convention  ami  of  the  joint  coH»i»»»Hiou 
iinrwjment,  in  ac^'ordance  with  the  text  of  tho  articles  to  l>e  iSKwrted 
thi'rein  which  x»i**s  Nti^ned  by  us  011  the  USth  lK>ceml>er  last. 

In  reply  I  luv<'  t>»K'  ]deas«iv  to  hand  you  a  copy  of  !*•  test  of  thf 
iiliitiutiou   (HHiveiiiiou,  including   the   text   ot   the  }imHi  «vaDttU8»M»« 
iijintiuent,  as  agreed  upoji  in  eotifeieiices  hold  since  tt»  3ltli 
iiiid  1  uni  instnicliil  b\  the  rrcsidenl  to  sa\  that  1  hold «iy8elfii 
Mess  to  meet  yon  forthwith,  in  order  that  we  may  at  "Mice  paamMi  to 
till'  signature  (d  said  convention. 
I  liave,  etc., 

Jamks  (i.  Blaink. 
{^  Ex.  56 6 


82 


BERING   SEA. 


Mr.  Blaine  to  ISir  Julian  ^"unccfote. 

Department  of  State, 

Washington,  February  4,  1892. 

Sir:  I  have  tlie  honor  to  inform  you  that  the  Presidont  has  this  day 
appointed  and  commissioned  Tliomas  Corwin  Mendenliall  and  Clinton 
Hart  Merriam  to  act  as  commissioners  on  the  j)art  of  the  Government 
of  the  United  States,  in  accordance  with  the  af^:reement  which  I  signed 
with  you  on  ])ecember  18,  18!)1,  to  investigate  and  report  conjointly 
with  commissioners  to  be  api)ointed  by  the  British  Government,  ujwu 
the  facts  having  rehition  to  tiie  i)re8ervation  of  seal  life  in  Behring 
Sea,  and  the  measures  necessary  for  its  protection  and  preservation, 
with  a  view  to  the  submission  of  their  conclusions  to  the  ooard  of  arbi- 
trators whose  constitution  has  already  been  agreed  upon  by  us. 

Until  the  convention  for  arbitration  shall  have  been  signed  the  com- 
missioners will  not  be  expected  to  agree  ui)on  or  formnlate  any  report, 
but  after  I  shall  be  otlicially  advised  by  you  of  the  appointment  of  com- 
missioneis  on  the  part  of  the  British  Government,  the  commissioners 
on  the  part  of  the  United  States  will  hold  themselves  ready  to  confer 
informally  with  their  British  colleagues  at  such  time  as  may  suit  tbeir 
convenience. 


1  have,  etc., 


James  G.  Blaine. 


Sir  Julian  Pauncefote  to  Mr.  Blaine. 

liRiTisH  Legation, 
\Vaiiliin(jt07i,  February  a,  18Q'2. 

SiR:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  dated 
February  4  (but  only  delivered  yesterday  evening),  in  which  you  inform 
me  that  the  President  has  jipjiointeil  Mr.  JMendeniiall  and  Mr  Merriam 
commissioners  on  the  part  of  the  Government  of  the  United  States  on 
the  joint  commission  therein  referred  to. 

Sir  George  Baden-Powell  and  Professor  Dawson,  whom  I  had  the 
honor  to  present  to  you  on  the  1st  instant,  have  been  duly  appointed 
commissioners  on  the  part  of  Her  Majesty's  Government,  and,  as  I  have 
already  8tate<l  to  you  verbally,  they  are  furnished  with  their  credentials 
in  due  form. 

On  tin*  13th  ultimo,  at  your  request,  1  communicated  to  the  Marquis 
of  Salisbury,  by  telegraph,  your  desin;  that  the  British  commissioners 
should  proceed  at  once  to  N\  asliingtoii.  Accordingly  Sir  George  Baden- 
Powell  leJt  Kngland  for  that  i)urpose  by  the  first  steamer,  and  arrived 
here  with  I>r.  Dawson  on  the  1st  of  the  month.  They  have  been  wait 
ing  ever  since  to  be  placed  in  communication  with  the  United  States 
commissioners,  and  I  trust  that  arrangentcnts  will  be  made  for  liie 
meeting  of  the  commission  on  Monday  next,  for  the  purpose  indicited 
in  the  last  paragraph  of  your  note  under  reply,  although  the  British 
commissioners  came  prepared  not  for  an  informal  conference,  but  to 
proceed  officially  to  business. 
I  have,  etc., 

Julian  Pauncefote. 


BERING   SEA. 


w- 


Mr,  Blaine  to  Sir  Julian  Paunce/ote. 


Department  of  State, 
-  ■  Washington,  Februnry  (I,  1892. 

Sir:  I  am  in  receipt  of  your  note  of  this  (bite,  in  wliicii  yon  give  me 
tlie  official  notification  of  the  apimintment  of  Sir  (leorf^e  Badfn  Powell 
and  Prof.  Dawson  as  commissioners  on  .the  part  of  the  British  Govern- 
ment on  the  joint  commission  created  in  view  of  the  proposed  furaeal 
arbitration. 

In  acknowledging'  your  note,  I  deem  it  important  to  direct  your  atten- 
tion to  the  fact  that  the  Government  of  the  United  States,  in  nominat- 
ing the  commissioners  on  its  i)art,  selected  gentlemen  wiio  were  espe- 
cially fitted  by  their  scientific  attainments,  and  who  were  in  no  wise 
disqualified  for  an  impartial  investigation  and  determination  of  the 
•luestions  to  be  submitted  to  tliem,  by  a  public  declaration  of  opinion 
previous  or  subsequent  to  their  selection.  It  is  to  bo  regretted  that  a 
similar  course  does  not  seem  to  have  been  adopted  b\-  the  British  Gov- 
ernment. It  appears  from  a  document  whicli  you  transmitted  iu  me, 
under  date  of  Alarch  1>,  IS!M)  (inclosure  4),  tliat  one  of  the  gentlemen 
selecied  by  your  Government  to  act  as  a  commissioner  on  its  i)art  has 
fully  committed  liimself  in  advance  on  all  tiie  questions  which  are  to  be 
submitted  to  him  for  investigation  and  decision. 

I  am  further  informed  that  the  other  gentlem;^n  named  in  your  note 
iiad  previous  to  his  selection  made  public  his  views  on  the  subject,  and 
that  very  recently  he  has  announced  in  an  address  to  his  parliamentary 
constituents  that  the  result  of  the  investigation  oi  this  commission  and 
of  the  proposed  arbitration,  would  be  in  favor  of  his  Government. 

I  trust,  however,  that  tliese  circumstances  will  iu)t  imiwir  the  candid 
and  impartial  investigation  and  determination  which  wa.s  the  object 
iiad  in  view  in  the  creation  of  the  commission,  and  that  the  result  of  its 
labors  may  greatly  promote  an  ecpiitableaud  mutually  satisfactory  ad- 
justment of  the  questions  at  issue. 

The  commissioners  on  the  part  of  the  United  States  iiave  been  in- 
Ntructed  to  put  themselves  in  communication  with  the  Britisii  commi«- 
siouers,  to  tender  them  an  apartment  at  the  Department  of  State  for 
the  joint  conference  and,  if  it  shall  suit  their  convenience,  to  agiee  with 
tiiem  upon  an  hour  for  their  first  conference  on  Monday  next,  the  8th 
instant. 

It  is  proper  to  add  that  when  I  indicated  to  you  on  the  l.'ith  ultimo 
that  the  British  Commissioner,  then  in  London,  might  <'ome  at  once  to 
Washington,  I  supposed  we  should  before  this  date  iiave  signed  the 
arbitration  convention,  and  thus  have  enabled  the  Commissioners  to 
l)roceed  officially  to  a  discharge  of  tiieir  duties.  But  as  it  became  neces- 
sary to  await  the  approval  of  the  draft  of  that  instrument  which  you 
Iiave  forwarded  to  London,  I  have  interposed  no  objection  to  preliminary 
conferences  of  the  Commissioners,  anticipating  the  signature  of  the  con- 
vention within  a  very  brief  period. 
I  have,  etc., 

James  G.  Blaine. 


JNCEFOTE. 


Sir  Julian  Paunccfote  to  Mr.  Blaine. 

British  Legation, 
Washington,  Felmiari/  8,  181)3. 

SlB:  1  have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
the  6th  instant,  in  which  you  observe  upon  the  selection  made  by  our 


84 


BERING    SEA. 


rospt'ctivo  GoveriiTueiits  ot  tiie  ineinbers  of  (lie  Joint  Commission  which 
is  about  to  sit  at  \Viisliin<iton  for  the  purpose  of  iiivestitfating  and  riv 
portingf  upon  tlie  factn  iiiiving  rehvtion  to  seal  life  in  Jiehring  Sea  with  a 
view  to  the  proposed  arl)itration. 
The  secoiul  ]>aragraph  of  your  note  contains  the  following  passage: 

I  ili'ciii  it  iiii]i()rt!mt  to  ilircit  your  nttciition  to  tbo  fact  that  the  Ooverninent  of 
tho  lliiitfd  StiitcH,  III  nominiilinj;'  tho  Coiiiiiii.ssioiKM's  on  itH  part,  selected  gentleimin 
who  woio  os|)('c'iall,v  litt<'il  by  tlicir  s<"i('iiti(ic  attaiiimt'iitH  aud  who  wore  in  no  wIho 
dis(|ii!ilifie(l  for  an  iiiiiiartiiii  investigation  or  determination  of  the  questions  to  lio 
Bnbniilted  to  tlieni,  by  a  imblic  declaration  of  opinion  ]ireviou8  or  subsequent  to 
their  Heieetion.  It  in  to  be  regretted  that  a  similar  cours(i  does  not  seem  to  have  been 
adopted  by  the  British  Oovornmeut. 

While  I  have  inueh  ))leasure  in  congratulating  your  Government  on 
having  secured  on  their  side  the  services  of  two  such  distinguished 
gentlemen  as  Prof.  Mendenhall  and  Dr.  Merriam,  I  must  express  my 
surprise  aiul  regret  that  you  should  have  thought  fit  to  refer  in  terms 
of  disparagement  to  the  clioice  iiiiide  by  Her  Majesty's  Government. 

The  British  commissioners,  Sir  Cieorge  Baden  Powell  and  Dr.  Daw- 
son, are  gentlemen  wlio.se  scientific  attainments  and  si)ecial  qualiliea- 
tions  for  the  duties  intrusted  to  them  are  too  well  known  to  require 
any  vindication  on  my  part,  But  you  comi)lain  of  the  fact  that  Dr. 
Dawson  in  181K)  wrote  a  paper  on  tlie  protection  of  the  fur  seal  iu  the 
North  Pacitic  iu  which  he  committed  himself  to  certain  views.  This 
shows  that  he  has  made  tiie  subject  his  special  study,  and  it  appears  to 
me  that  he  is  all  the  more  qualified  on  that  account  to  take  part  in  the 
labors  of  the  Joint  commission,  whicii,  I  beg  leave  to  point  out,  is  not  a 
board  of  arbitration,  but  one  of  investigation. 

Dr.  Dawson's  note  on  the  fur  seal  to  which  you  refer,  was  uierely 
based  ui)on  such  publisiied  material  as  was  at  the  time  available,  and  I 
have  his  i.uthoiity  for  stating  that  he  does  not  feel  himself  in  any 
way  bound  to  the  oi)iMions  expressed  from  the  study  of  that  material,  iu 
the  light  of  subsccpu'iit  personal  investigation  on  the  ground. 

You  likewise  complain  tiiat  Sir  George  Baden  Powell  had,  previously 
to  his  selection  as  commist-ioncr,  made  public  his  views  on  the  subject, 
and  also  that  he  is  reported  t(t  have  stated  in  an  address  to  his  parlia- 
mentary constituents  that  the  result  of  the  investigation  of  the  joint 
commission  and  of  the  proposed  arbitration  would  be  iu  favor  of  his 
Government. 

Sir  George  Baden-Powell  is  particularly  qualified  to  take  part  in  the 
inquiry  by  reason  of  his  personal  investigatiou  into  the  industrial  part 
of  the  question,  which  he  pursued  in  18.S7  and  1880  in  Sau  Francisco 
and  British  Columbia.  From  the  tirst  he  has  advocated  in  all  his  pub- 
lic statements  a  full  imjuiry  into  the  facts  of  seal  life  in  Bchring  Sea 
before  any  final  agreement  should  be  arrived  at,  in  order  that  tho  views 
of  all  parties  shouhl  be  tested  as  to  the  best  method  of  protectiug  seal 
life.  There  is  no  just  ground,  therefore,  for  charging  him  with  partial- 
ity. As  regards  the  language  imputed  to  him  on  the  occasion  of  an 
address  which  ho  recently  delivered  to  his  constituents  in  England  ou 
the  labor  (juestion,  it  a])pears  that  some  introductory  remarks  in  which 
he  referred  to  the  Behving  Sea  (luestion  were  inaccurately  reported. 
What  he  did  state  was  that,  thanks  to  the  arrangement  arrived  at  be- 
tween the  two  Goveruinents,  the  Behring  Sea  difficulty  would  now  bo 
settled  in  the  true  interests  of  all  concerned  and  not  of  any  one  side  or 
the  other. 

I  nuiy  mention  that  the  opinions  of  Prof.  Mendendall  and  Dr.  Mer- 
riam ou  the  fur-seal  question  were  published  in  several  journals  in  this 


BERING    SEA. 


Hf) 


(lonntry  shortly  after  their  return  from  Behring  Sea,  and  were  stated  (I 
know  not  with  what  accnnicy)  to  bo  opposed  to  the  views  which  have 
lict'ii  urged  on  the  side  of  Her  Majesty's  (iovernment. 

lUit  I  do  not  sufifjest  that  the  United  States  Commissioners  on  that 
account  are  disqualified  from  taking  part  in  the  labors  of  the  joint  com- 
mission. 1  claim  that  all  the  commissioners,  British  and  American,  are 
('(|iially  entitled  to  the  confidence  of  both  Governments,  as  men  of 
science,  honor,  and  impartiality. 

Tlie  course  which  has  been  adopted  for  ascertaining  what  measures 
may  be  necessary  for  the  protection  of  the  fur-seal  species  is  substan- 
tially the  same  as  that  which  I  had  the  honor  to  propose  to  you  on  behalf 
ol  iler  Majesty's  Government  nearly  two  years  ago  in  the  form  of  a  draft 
convention,  inclosed  in  my  note  of  April  29,  1890. 

I  rejoice  that  the  jtroposal  I  then  made  is  now  to  be  carried  out,  and 
I  cordially  unite  in  the  hope  expressed  in  your  note  under  reply  that 
the  result  of  the  labors  of  the  joint  commission  will  promote  an  equi- 
t aide  and  mutually  satisfactory  adjustment  of  the  qncjstions  at  issue. 
I  have,  etc., 

Julian  Pauncefote. 


Mr.  Blaine  to  Sir  Julian  Pauncefote. 

'  Department  of  State, 

Watihinffton,  February  9,  1892. 

SiK:  I  have  been  informed  by  the  American  Seal  Commissioners  that 
ill  an  informal  nieetingwitli  tiieir  British  colleagues  on  yesterday  the  lat- 
ter expressed  an  unwillingness  to  enter  upon  conferences  of  any  other 
than  an  official  character,  and  they  therefore  projjosed  that  their  joint  cou- 
Iciences  be  postponed  until  after  the  arbitration  convention  shall  have 
l)cen  signed. 

1  beg  to  state  to  you  that  the  Government  of  the  United  States  is 
very  anxious  to  expedite  as  much  as  i>088ible  the  consideration  of  the 
important  questions  submitted  to  the  commissioners,  and  in  view  of  the 
lact  that  it  regards  the  arbitration  convention  as  substantially  agreed 
iil)on,  the  American  commissioners  have  been  instructed  to  make  known 
to  the  British  commissioners  their  readiness  to  formally  arrange  the 
joint  conference  and  proceed  without  further  delay  to  the  discharge  of 
the  duties  assigned  to  them. 
I  have,  etc., 

James  G.  Blaine. 


Sir  Julian  Pauncefote  to  Mr.  Blaine. 

BiiiTisn  Legation, 
Washington,  Feb niary  li,  1892. 

Sm :  I  had  the  honor  to  receive  yesterday  your  note  of  (he  9th  in- 

istant,  in  which  you  state  thatyou  have  been  informed  by  the  AnuMican 

I  seal  commissioners  that  in  an  informal  meeting  with  their  Biitish  col- 

kauues  on  the  8th  instant,  the  latter  expressed  an  unwillingness  to  en- 

|tei  upon  conferences  of  any  other  than  au  official  character,  and  they 

s.  l;x.  5 — 17  -- 


86 


BERING    8EA. 


therefore  proposed  that  their  joint  conferences  be  postponed  nntil  after 
the  arbitration  convention  has  been  signed. 

Tlie  Britisli  commissioners,  to  whom  I  communicated  your  note,  have 
informiMl  me  that  at  the  prtdiminarj'  conference  of  (he  commissioners 
on  tlie  8ti»  instant  they  discussed  witli  tlieir  colleagijes  what  work  of  a 
proj).  ratory  character  could  begot  tlirough  at  once.  The  meeting  was 
informal,  according  to  the  conditions  laid  down  in  the  last  paragraph  in 
your  note  to  me  of  the  4th  instant,  and  it  was  arranged  by  the  four 
commissioners  to  hold  a  second  preliminary  conference  this  day  at  the 
State  l-)ei)artmentat3  o'clock,  at  which  they  could  discuss  certain  mat- 
ters, which  they  had  undertaken  to  consider  in  the  interval,  and  other 
preparatory  work. 

In  consequence  of  youi  note  of  the  9th  instant,  the  British  commis- 
sioners hope  at  the  confereuc-*^  to  day  to  arrange  with  their  colleagues 
that  the  joint  conference  shall  proceed  to  business  formally. 
I  have,  etc., 

Julian  Pauncefotb. 


Mr.  Blaine  to  Sir  Julian  Pauncefote. 

17  Madison  Place, 
Washington,  February  12,  1892. 

My  Dear  Sib  Jutjan:  The  motive  you  have  always  urged  upon 
me  for  assembling  the  <^oinmissiouers  on  seal  fisheries  at  an  early  date, 
was  that  they  could  provide  a  modus  vivendi  that  would  be  sufficient, 
while  the  arbitration  should  go  on  with  plenty  of  time  to  consider  the 
various  points. 

I  was  surprised  to  hear  that  your  commissioners  yesterday  declined 
to  discuss  the  modus  vivendi  on  the  allegation  that  that  was  a  subject 
reserved  for  you  and  me.  This  puts  an  entirely  new  phase  upon  the 
work  of  the  commission  and  largely  diminishes  its  value.  Will  you 
have  the  goodness  to  advise  me  of  the  precise  scope  of  the  work  which 
you  assigned  to  your  commissioners  t 
Very  truly,  yours, 

James  G.  Blaine. 


Sir  Julian  Pauncefote  to  Mr.  Blaine. 

British  Legation, 
Washington,  February  13,  1892. 
Sir:  With  reference  to  your  note  of  the  4th  instant  inclosing  a  (ioj) 
of  the  draft  of  the  proposed  Behring  Sea  arbitration  convention,  I  have 
the  honor  to  inform  you  that,  as  previously  arranged  between  us,  I  trans- 
mitted a  copy  of  the  draft  l)y  the  mail  of  the  6th  instant  to  the  Marquis 
of  Salisbury  for  the  approval  of  Her  Majesty's  Government,  and  that  I 
am  awaiting  his  lordship's  instructions  before  proceeding  further  in  the 
matter. 

I  have,  etc., 

Julian  Pauncefote. 


HKHINCJ    SEA. 


87 


Sir  Julian  l\mnc(^'oti}  to  Mr.  Blaine. 


Ul.'I'lISII  Lkgation, 
WaHhi)u/ton,  FfV/nmn/ 19,  18(»L;.     (Ilcceivcd  Fchruar.v  20.) 

8m:  Oil  tlie  occasion  of  our  iiilcrview  on  the.  lid  iii.stiiiit,  wIhmi  .vou 
hiiiKled  tiic  the.  draff  of  the  JW'hriii;;Sea  Arhitrutioii  Convention,  which 
1  r.)rwar..cd  to  London  for  the  consideration  of  Her  .Majesty's  Govt  in- 
iiicnt,  you  asked  mo  wlietiier  they  were  prejjared  to  a^ree  to  a  '■'■modm 
rirendp^  for  the  next  fisliery  season  in  nelirinp:  Sea.  In  transniittinjj 
the  draft  of  the  arbitration  convention  to  the  Marquis  of  Salisbury,  I 
(lid  not  fail  to  inform  liini  of  your  in(]uiry,  and  I  have  now  leceived  a 
reply  from  his  lordship  to  the  effect  that  iler  Majesty's  (lovernment  can 
iKit  exitrcss  any  opinion  on  tlie  subject  until  they  know  what  '■'■modus 
rirendi^  you  desire  to  propose. 
I  Lave,  etc., 

Julian  Pauncefote. 


NCEFOTE. 


Mr.  Blaine  to  Sir  Julian  Pauncefote. 

Department  of  State, 

Washington,  February  2i,  18d2. 

Sir:  T  am  in  receipt  of  your  favor  of  the  19th.  Yon  therein  inform 
lilt'  that  Lord  Salisbury  can  not  express  any  opinion  on  the  subject  of 
tbc.  modus  vivcndi  until  lie  knows  what  we  desire  to  i)ropose. 

I  am  glad  to  hear  that  Lord  Salisbury  contemi)lates  a  modus;  for  it 
is  obvious  that  it  is  impossible  to  conclude  the  arbitration  within  the 
tiineori{iiuaIly^  set.  Indeed,  we  shall  hardly  be  able  to  enter  upon  it. 
The  delays  have  been  much  greater  on  the  part  of  Great  Britain  than 
on  the  part  of  tlie  United  States. 

In  rejdy  to  your  inquiry,  the  President  suggests  that  the  modus 
should  be  much  the  same  as  last  year  in  terms,  but  that  it  should  be 
better  executed.  It  was  very  ineftective  last  year,  for  there  were  a 
Inr;;er  number  of  .seals  in  Bering  Sea  taken  then  than  ever  before.  The 
vessels  had  already  set  out  before  the  morfj/s  was  agreed  upon,  and  it 
viis  impossible  to  give  them  notice  in  time  to  avoid  tiieir  taking  seals. 
Her  Majesty's  Government  did  not  take  such  efficient  measures  as  an 
earlier  date  this  year  will  render  practicable. 

If  Her  Mai'  ;!.; 's*  Government  would  make  lier  efforts  most  effective, 
tlie  -coaling  fi  the  Torth  Pacific  Ocean  should  be  forbidden,  for  there 
the  slaughter  oi"  the  motiiers  heavy  with  young  is  the  greatest.  This 
would  lequire  a  notice  to  the  large  number  of  sealers  which  are  prepar- 
ing to  go  forth  ;'roin  British  Columbia.  The  number  is  said  to  be 
greater  than  ever  before,  and  without  any  law  to  regulate  the  killing 
of  seals  the  destruction  will  bo  immense.  All  this  suggests  tiie  great 
need  of  an  effective  modus.  Holding  an  arbitration  in  regard  to  the 
rightful  mode  of  taking  seals  while  their  desf ruction  goes  forward 
would  be  as  it,  while  an  arbitration  to  the  title  of  timber  land  were  fn 
I  progress,  one  party  sliould  remove  all  the  trees. 

1  shall  have  to  ask  you  to  transmit  the  contents  of  this  note  to  Lord 
[Salisbury  by  telegraph.      Every  day  that  is  lost  now  entails  great 
[trouble  ujwn  both  Governments. 
1  have,  etc., 

James  G.  Blaike.    • 


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Sdences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


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BERING   8FA. 


Mr.  Blaine  to  ISir  Julian  Pauneefote. 


Department  of  Statb-, 
WaHhington,  February  26,  1892. 

My  Dear  8m  Julian  :  Mr.  Mj  ers,  our  consul  at  Victoria,  telegrapbs 
(o  day  tlint  there  are — 

Foity-six  hailii)K  t-cbooiieiB  cleared  to  date.    Six  or  seven  more  to  go.     At  the  same 
date  last  year  thirty -ouo  cloareil. 

I  tbink  from  tbi8  you  will  gee  tbiit  if  we  <lo  not  come  to  an  under- 
standinn  «oou  there  will  be  no  need  of  an  agreement  relating  to  seals 
in  the  north  I'sicitic  or  in  the  Behring  Sea.     1  will  be  glad  if  you  will 
let  LonI  Siilisbur.^  know  this  fact. 
Very  truly  yours, 

James  G.  Blaine. 


Mr.  Blaine  to  Sir  Julian  Pauncefot.c. 

Department  of  State, 

WaHhington.,  February  27,  1892. 

Sir:  I  have  the  honor  to  state  that  if  you  will  have  the  kindness  to 
call  at  tills  Department  on  Monday  morning  next,  the  "i)th  instant,  at  11 
o'clock,  I  shall  be  pn-pared  to  sign  with  you  the  treaty  for  the  arbitra- 
tion of  the  Behring  Sea  question  which  has  been  agreed  upon  between 
the  Goveinment  of  the  United  States  and  that  of  Her  Britannic  Majesty. 
1  have,  etc., 

James  G.  Blaine. 


Sir  Julian  Paunco/ote  to  Mr.  Blaine. 

British  Legation, 
Washington,  February  29,  1892.     (Received  March  1.) 

Sir:  Immediately  upon  the  receipt  of  your  note  of  the  24th  instant, 
respeciiiig  a  renewal  of  the  mofiiiM  mvendi  in  Behring  Sea,  and  in  accor- 
dance with  the  wish  therein  expressed,  1  telegraphed  itscontcnU  to  the 
Manpiis  of  Salisbury.  In  that  note,  after  observing  that  it  is  impossi- 
ble to  conclude  the  arbitratior  within  the  time  originally  set,  and  that 
the  delays  have  been  much  greater  on  the  part  of  Great  Britain  than 
on  the  part  of  the  United  States,  you  proceed  to  inform  me  that,  in 
the  view  of  the  Presidont,  the  new  moAun  ricendi  should  be  much  the 
same  as  that  of  last  year,  in  terms;  that,  owing  to  the  earlier  date  this 
year,  it  could  be  moreeflectively  executed ;  but  that,  *'  if  Her  Mtyesty's 
Government  would  make  their  ettorti  moat  effective,  the  sealing  in  the 
North  Pacific  Ocean  should  be  forbidden." 

After  pointing  out  "the  great  need  of  an  effective  modus,"  you  state 
that  "holding  an  arbitration  in  regard  lo  the  rightful  mode  of  taking 
seals,  while  their  destruction  goes  lorward,  would  be  as  if,  while  an 
arbitration  to  the  title  to  timberland  were  in  progress,  one  party  should 
remove  all  the  trei's." 

I  have  the  honor  to  inform  you  that  1  have  received  a  reply  from  Lord 
Salisbury  to  the  following  effect:  .In  the  tirst  place  his  lordship  states 


BERING   SEA. 


89 


U  the  same 


iliat  be  can  not  in  any  degree  ailinit  that  tbe  delays  have  been  greater 
(111  tlie  part  of  Great  Britain  than  on  the  part  of  the  United  Stales. 

As  regards  the  necessity  for  another  modu8  viveiidi,  Her  Majesty's 
<ioveninient  consented  to  that  measure  last  year,  solely  on  the  ground 
tliat  it  WHS  supposed  that  there  would  be  danger  to  the  preservation  of 
tlie  seal-species  in  Behring  Sea,  unless  some  interval  in  the  slaughter 
of  seals  were  prescribed  both  at  sea  and  on  land.  But  Her  Majesty's 
(iovernment  have  received  no  inforn)ation  to  show  that  so  drastic  a 
remedy  is  necessary  for  two  consecutive  seasons.  On  the  contrary,  the 
liritisli  commissioners  on  the  Behring  Sea  joint  commission  have  in- 
turnied  Her  Majesty's  Government  that,  so  far  as  pelagic  sealing  is  con- 
cerned, there  is  no  danger  of  any  serious  diminution  of  the  fur-seal 
species,  as  a  co'ihcquenoe  of  this  year's  hunting. 

Nevertheless,  Lord  Salisbury  would  not  object,  as  a  temporary  meas 
lire  of  precaution  for  this  season,  to  the  prohibition  of  all  killing  at  sea 
within  a  zone  extending  to  not  more  than  30  nautical  miles  around  the 
Pribylol}' Islands,  such  itrohfbition  being  conditional  on  the  restriction 
uf  the  number  of  seals  to  be  killed  for  any  purpose  on  the  Islands,  to  a 
maximum  of  30,000.  Lord  Salisbury,  referring  to  the  passage  in  your 
iiute  in  which  you  compare  the  case  to  an  arbitration  about  timber 
1,1  nd,  from  which  the  trees  are  being  removed  by  one  of  the  parties,  ob- 
serves that  he  hardly  thinks  the  simile  quite  apposite.  Uis  lordship 
suggests  that  the  case  is  more  like  one  of  arbitration  respecting  the 
title  to  a  meadow.  While  the  arbitration  is  going  on,  he  adds,  we  cut 
the  grass;  and,  quite  rightly,  for  the  grass  will  be  reproduced  next 
year,  and  so  will  the  seals. 
1  have,  etc., 

Julian  Pauncefote. 


Sir  Julian  Pauncefote  to  Mr,  Blaine. 

British  Legation, 

Washington,  March  7,  1892. 

Sm:  With  reference  to  my  note  of  the  29th  ultimo,  in  which  I  had 
tiie  honor  to  inform  you  that  the  Marquis  of  Salisbury  had  received  no 
information  to  show  the  necessity  for  renewing,  during  the  approach- 
ing Fishery  Season,  the  modus  vivendi  of  last  year  in  Behrings  Sea  as 
proposed  in  your  note  to  me  of  the  24th  ultimo,  I  think  it  opiiortune 
to  remind  you  of  the  following  fact  in  connection  with  that  modus  Vivendi 
which  may  have  escaped  your  attention,  as  you  were  absent  from 
Washington  at  the  time  of  its  negotiation. 

In  the  courfe  of  the  correspondence  which  then  took  place  it  was  dis- 
tinctly notified  to  your  Government  that  the  niodtis  vivendi  wouhl  not 
be  renewett  for  the  following  season.  You  will  find  that,  at  the  close  of 
tlie  memorandum  inclosed  in  my  note  to  Mr.  Wharton  of  Ji;ne  C,  1891, 
I  stated  under  instructions  from  my  Government  that  "  the  suspension 
I  of  sealing  was  not  a  measure  which  they  could  repeat  another  year." 

Her  Majesty's  Government  consented  to  that  measure  in  consequence 
lot'  the  rumors  widely  oirculr*"ed  of  impending  dange^'  to,  (he  seal  spe- 
cies. But  since  th^n  thp  (jpnditions  ot  the  fqr  seal  fishery  have  been 
investigated  oq  the  spqt  by  experts  appointed  for  that  purpose  by  Iler 
Majesty^s  Government.  Those  experts  have  advised  that  there  is  no 
hlaiiger  of  any  serious  diminution  of  the  fur-seal  species  from  polagio 


90 


BERING  SEA. 


sealing  daring  the  present  year,  and  that  to  renew  the  prohibition  of 
pelagic  sealing  for  another  season  would  be  going  far  beyond  the  necea- 
sities  of  the  case. 

Lord  Salisbury's  proposal  of  a  30  miles  radius  round  the  Pribyluif 
Islands  within  which  no  sealing  should  be  allowed  is  a  judicious  tem- 
porary measure  of  precaution  pending  the  establishment  of  perma- 
nent regulations  for  the  fishery  as  a  whole.  It  is  a  somewhat  larger 
proposal  than  that  which  you  originally  made  to  me  oti  the  IGtii  uf 
March,  1891,  and  which  was  for  a  similar  radius  of  25  miles  only. 

The  reason  why  you  subsequently  abandoned  that  ^*  radius"  proposal 
is  stated  in  your  note  to  me  of  4th  May,  1891.  That  reason  was  not 
that  such  a  radius  would  be  ineft'ectual,  but  that  "  it  might  possibly 
provoke  conflict  in  the  Behrings  Sea." 

At  that  time  no  act  of  Parliament  had  been  passed  in  England  to 
empower  Her  Majesty's  Government  to  enforce  such  a  measure  on  Brit- 
ish vessels,  and  no  doubt  there  was  some  danger  on  that  account  of  it 
giving  rise  to  difficulties.  But  it  is  otherwise  now.  By  the  seal  lisliery 
(Behrings  Sea)  Act  of  1891  (54  Vic,  c.  19),  Her  Majesty  is  empowered  by 
Order  in  Council  to  prohibit  under  severe  penalties  the  catching  of  seals 
by  British  ships  in  any  part  of  Behrings  Sea  defined  by  the  Order,  and 
therefore  the  enforcement  of  the  new  modus  vicendi  now  proposed  by 
Lord  Salisbury  would  present  much  less  difliculty  than  was  experienced 
last  season  in  putting  the  existing  one  into  operation. 

I  trust  that  the  above  observations  which  1  venture  co  oft'er  in  furtlier 
elucidation  of  the  proposal  contained  in  my  note  of  the  29th  ultimo  will 
satisfy  your  Government  that  it  is,  under  the  circumstances,  a  reason- 
able proposal,  and  one  which  will,  if  acceded  to,  sufficiently  safeguard 
the  interests  of  both  nations  during  the  few  months  comprised  in  the 
next  fishery  season,  and  pending  the  decision  of  the  arbitrators. 
I  have,  etc., 

Julian  Pauncefote. 


Mr.  Wharton  to  Sir  J.  Pauncefote, 

Department  op  State, 
Washington,  March  8,  1892. 

SiB:  I  am  directed  by^he  President  to  say,  in  response  to  your  two  I 
notes  of  February  29  and  March  2,  that  he  notices  with  the  dee])est 
regret  the  indisposition  of  Her  Majesty's  Government  to  agree  upon  an 
effective  modus  for  the  preservation  of  the  seals  in  the  Behriug  Sen, 
pending  the  settlement  of  the  respective  rights  of  that  Government  iind  | 
of  the  Government  of  the  United  States  in  those  waters  and  in  tiie  fur- 
seal  fisheries  therein.    The  United  States  claims  an  exclnsive  right  to{ 
take  seals  in  rt  portion  of  the  Bering  Sea,  while  Her  Majesty's  Govern- 
ment claims  -a  common  right  to  pursue  and  take  the  seals  in  thosel 
waters  outside  a  3-mile  limit.    This  serious  and  protracted  controversy,  it  j 
has  now  been  happily  agreed,  shall  be  submitted  to  the  deiermiuatioii 
of  a  tribunal  of  arbitration,  and  the  treaty  only  awaits  the  action  of  the  I 
American  Senate.  .  I 

Thejndgment  of  the  arbitration  tribunal  can  not,  however,  be  reached  j 
and  stated  in  time  to  control  the  conduct  of  the  respective  Govornmentsj 
and  ol  their  citizens  during  the  sealing  season  of  1892 ;  anil  the  ur^a-ntl 
question  now  is,  What  does  good  faith,  to  say  nothing  of  internatiuuull 


»hibition  of 
1  the  neces- 

e  Pribyloff 
licioas  tein- 
of  perma- 
what  larger 
the  IGth  uf 
I  ouly. 
B  "  proposal 
sou  wa8  not 
ht  i)088ibly 

EiiRlaud  to 
lire  ou  Brit- 
.ccouiit  of  it 
seal  tisliery 
ipowered  by 
ling  of  seals 
!  order,  and 
>ropo8ed  by 
experienced 

er  ill  further 
I  ultimo  will 
es,  a  reason- 
y  safeguard 
trised  in  the 
tors. 

NCEFOTE. 


rATE, 

oh  8,  1892. 
to  your  two 
the  deei)e8t 
ree  upon  an 
lehriug  Hen, 
iruinent  aiul 
d  in  the  lur 
jive  right  to 
ty'8  Govern- 
al8  in  those 
ntrovers.v,  it 
(tenoiUiUiou 
iotion  of  the 

•,  be  readied 
tovernnients 
:  the  urgent 
nteruatioual 


BEBINO   SEA. 


91 


comity,  require  of  the  parties  to  the  arbitration  t  If  the  contention  of 
this  Uovernment  is  sustained  by  the  arbitrators,  then  any  killing  of 
seals  by  the  Canadian  sealers  during  this  season  in  these  waters  is  au 
injury  to  this  Government  in  its  jurisdiction  and  property.  The  injury 
is  not  measured  by  the  skins  taken,  but  utf'ects  the  permanent  value  of 
our  property.  Was  it  ever  heard  before  that  one  party  to  such  a  con- 
troversy, whether  a  nation  or  an  individual,  could  appropriate  the  whole 
ur  any  part  of  the  income  and  profits,  much  less  the  body  of  the  con- 
tested property,  pending  the  litigation  without  accountability!  Usu- 
ally a  court  of  chancery  would  place  a  receiver  or  trustee  in  charge  and 
hold  the  income  of  the  property  for  the  benefit  of  the  prevailing  party. 

You  say  that  Lord  Salisbury,  rejecting  the  illustration  used  by  Mr. 
Blaine,  "suggests  that  the  case  is  more  like  one  of  arbitration  respect- 
ing title  to  a  meadow.  While  the  arbitration  is  going  on  we  cut  the 
grass;  and  quite  rightly,  for  the  grass  will  be  reproduced  next  year  and 
so  will  the  seals.^  He  can  hardly  mean  by  this  illustration  that  being 
in  contention  with  a  neighbor  regarding  the  title  to  a  meadow,  he  could 
by  any  precedent  in  the  equity  courts  or  by  any  standard  of  common 
honesty  be  justified  in  pocketing  the  whole  or  any  part  of  the  gains  of 
a  harvest  without  accountability  to  the  adverse  claimant  whose  ex- 
clusive title  was  afterwards  established.  It  is  no  answer  for  the  tres- 
passer to  say  fhat  the  true  owner  will  have  an  undimished  harvest  next 
year.  Last  year's  harvest  was  his  also.  If  by  the  use  of  the  plural 
pronoun  his  lordship  means  that  the  harvest  of  the  contested  meadow 
is  to  be  divided  between  the  litigants  I  beg  to  remind  him  that  the  title 
of  the  United  Statea  to  the  Pribylofi"  Islands  has  not  yet  been  contested, 
and  that  our  flag  does  not  float  over  any  sealing  vessel.  The  illustra- 
tion is  inapt  in  the  further  particular  that  the  seals  not  taken  this  year 
may  be  taken  next,  while  the  grass  must  be  birvested  or  lost. 

This  Government  has  already  been  advised  in  the  course  of  this  cor- 
respondence that  Great  Britain  repudiates  all  obligations  to  indemnify 
the  United  States  for  any  invasion  of  its  jurisdiction  or  any  injury  done 
to  its  sealing  property  by  the  Canadian  sealers.  The  attempt  to  make 
a  damage  clause  one  of  the  articles  of  the  arbitration  agreement  failed, 
because  Her  Majesty's  Government  would  not  consent  that  the  ques- 
tion of  its  liability  to  indemnify  the  United  States  for  the  injuries  done 
by  the  Canadian  scalers  should  be  submitted.  Two  extracts  from  the 
correspondence  will  sufficiently  recall  the  attitude  of  the  respective 
governments: 

In  my  note  of  July  23, 1  said:  * 

The  President  lielieves  tbat  Her  Mnjesty's  Government  may  Justly  be  held  respon- 
Bible,  under  the  atteudant  oircunmtaaoea,  for  iMJurieii  done  to  the  juriNtlictionsl  or 
property  rights  of  the  United  States  by  the  sealing  vossels  Hying  the  Britisli  flag,  at 
least  since  the  date  when  the  right  of  these  vessels  to  invade  the  Behiing  Sea  and  to 
pursue  therein  the  businesH  of  pelagic  sealing  wm  made  the  subject  of  diplomatic  in- 
tervention by  Lord  Salisbury.  In  his  opinion  justita  requires  that  Her  Majesty's 
Qovernment  nhould  respond  for  the  injuries  done  by  those  vessels,  if  their  acts  arp 
found  to  have  been  wrongful,  as  fully  as  if  each  had  borne  a  commission  from  the 
Qovernment  to  do  the  act  complained  of.  The  presence  of  the  master,  or  even  of 
a  third  person,  under  oiroumstauces  calculated  and  intended  to  give  encourage- 
ment, creates  a  liabilitv  for  trespass  at  the  coininun  law,  and  much  more  if  his  pres- 
ence is  aocompanied  with  declarations  of  right,  protests  against  the  defense  which 
the  owner  is  endeavoring  to  make,  and  a  declared  purpose  to  aid  the  trespassers  if 
they  are  resisted.  The  justice  of  this  rule  is  so  apparent  that  it  is  not  seen  how  in  the 
less  technical  tribunal  of  au  iutei  national  arbitration  It  could  be  held  to  be  inapplicable. 

The  United  States  might  well  insist  that  Her  Majesty's  Government  should  admit 
responsibility  for  the  acts  of  the  Canadian  sealers,  which  it  has  so  directly  encour- 
aged and  promoted,  precisely  as  in  the  proposal  the  United  States  admits  responsibil- 
ity for  the  acts  of  its  revenue  vessels.     But,  with  a  view  to  remove  wiiut  sut-ms  to  be 


92 


BERING    SEA. 


the  last  point  of  difference  In  a  disonwnon  which  has  heen  very  ranch  protracted,  the 
PreHJilcnr  in  willing  to  modify  his  proponal  and  ilirects  me  to  ott'er  th«  following: 

"  Tliu  (iovci'iiiiiuut  of  Great  Britain  liuvinK  presented  tlio  uluiui'j  of  its  aubjectafor 
I'oinpuuoation  for  the  aeiisure  of  their  veHHela  u.v  the  United  States  iu  Hehrlng  Sea,  and 
the  Odvcninient  of  tlie  United  States  having  presented  in  its  own  behalf,  us  well  as 
of  the  lesseex  of  the  privileges  of  taking  seals  on  the  Pribyloflf  Islands, claims  for  oom- 
pensHtion  by  riMisou  of  the  killing  of  seals  in  the  Behring  Sita  by  persons  acting  nnder 
the  protect  iou  of  the  British  tlag,  the  arbitrators  shall  consider  and  decide  upon  suuh 
claims  in  at'cordtince  with  justice  and  equity,  and  the  respective  rights  of  the  high 
contrncting  powers,  and  it  shall  be  competent  for  the  u<  bitratora  to  award  such  com- 
pensation as,  in  their  judgment,  shall  seem  equitable." 

Iu  your  note  of  October  17,  you  say : 

I  regret  to  inform  you  that  Her  Majesty's  Government,  after  the  fnllest  considera- 
tion, have  arrived  at  the  conclusion  that  this  new  clause  could  not  properly  be  as- 
sented to  by  them.  In  their  opinion  it  implies  an  admission  of  a  doctrine  respecting 
the  liabilities  of  governments  for  the  acts  of  their  nationals  or  other  persons  sailing 
under  their  flag  on  the  high  setis  for  which  there  is  no  warrant  iu  the  law  of  nations. 
Thus  it  coiitnins  the  following  words: 

"The  Government  of  the  United  States  have  presented  on  its  own  behalf,  as  well 
as  of  t..e  lessees  of  the  privilege  of  taking  seals  on  the  Pribyloff  Islands,  claims  for 
conipeiis:i(ion  by  reason  of  the  killing  of  seals  in  Behring  Sea  by  persons  acting 
under  the  protection  of  the  British  dag,  the  arbitrators  shall  conaider  and  decide 
upon  such  claims." 

Tlies''  words  involve  the  propositiou  that  Her  Majesty's  'Jiovernmvint  are  liable  to 
mak<«  good  losHns  resulting  from  the  wrongfnl  action  of  ndrsons  sailing  outside  their 
jurisdiction  under  the  British  flag.  Her  Majesty's  Government  con'd  not  accept  such 
a  doctrine. 

Tbe  President  can  not  believe  tbat  while  holding  this  view  of  its  ac- 
countability the  Government  of  Great  Britain  will,  pending  the  arM- 
tration,  countenance,  much  less  justify  or  defend,  the  continuance  cf 
pelagic  sealing  by  its  subjects.  It  should  either  assume  responsibility 
for  the  acts  of  these  sealers,  or  restrain  them  from  a  pursuit  the  law- 
fulness of  which  is  to  be  determined  by  the  arbitration. 

In  your  note  of  February  29  you  state  that  Her  Majesty's  Govern- 
ment has  been  informed  by  the  British  Commissiouers  '<  that  so  fur  as 
pelagic  sealing  is  concerned,  there  is  no  danger  of  serious  diminution 
of  the  fur-seal  species  as  a  consequence  of  this  year's  hunting,"  and 
upon  this  ground  Lord  Salisbury  places  his  refusal  to  renew  the  modus 
of  last  year.  His  lordship  seems  to  assume  a  determination  of  tbc 
arbitration  against  the  United  States  and  in  .favor  of  Great  Britain, 
and  that  it  is  already  only  a  question  of  so  regulating  a  common  right 
to  take  seals  as  to  preserve  tbe.  species.  By  whaC  right  does  he  do 
this!  Upon  what  principle  does  he  assume  that  if  our  claims  are  es- 
tablished, any  diminution  of  the  seals,  whether  serious  or  not,  during 
this  season,  or  indeed,  any  taking  of  seals,  i.s  to  be  without  recompense  1 

In  the  opinion  of  the  President,  it  is  not  consistent  with  ^ood  fuith 
that  either  party  to  an  arbitration  should,  pending  a  decision,  in  any 
degree  diminish  tbe  value  of  the  subject  of  arbitration  or  take  any 
profit  ^"om  the  use  of  it  without  an  agreement  to  account. 

Before  an  agreement  for  arbitration  had  been  reached  the  prohibition 
of  pelagic  sealing  was  a  matter  of  comity ;  from  the  moment  of  tbe 
signing  of  that  agreement  it  became,  in  his  opinion,  a  matter  of  obliga- 
tion. 

During  tbe  season  of  1891,  notwithstanding  the  restrictions  resulting 
from  tbe  modus  adopted,  the  Canadian  sealers  took  iu  tbe  Behring  Sea 
alone  28,768  skins,  or  nearly  four  times  as  mauy  as  therastricted  catch 
upon  our  island.  This  Government  is  now  advised  tbat  61  vessels  from 
British  Columbia  and  16  from  Xova  Scotia  have  sailed  or  are  about  to 
sail  for  the  Behring  Sea  to  engage  in  taking  seals.  This  large  increase 
in  the  fleet  engaged  makes  it  certain,  in  the  absence  of  an  effective  re- 
strictive agi'eement,  that  the  destruction  of  seal  Life  daring  this  season 


and  this 


BERING    8£A. 


93 


)trj»cted,  the 
lowing: 
Bubjecta  for 
lug  8ea,  and 
f,  lis  well  as 
.inisfor  ooin- 
ictingundor 
Ih  upou  Huuh 
of  tbe  high 
:d  Buob  com- 


it  considera- 
perly  be  oh- 
10  respectiug 
raontt  sailing 
nr  of  nationH. 

half,  as  well 
s,  claiiiiH  fur 
raous  acting 
'  and  decide 

are  liable  to 
intside  their 
t  accept  suuh 

IV  of  itsac- 
;  the  arhi- 
iuuaube  cf 
pousibili'.y 
t  the  law- 
Govern- 
8o  fur  as 
liininntion 
ting,"  and 
the  modus 
ion  of  tbo 
it  Britain, 
mou  right 
oes  he  do 
J18  are  es- 
lot,  during 
orapen8e? 
;2[Ood  faith 
iOQ,  in  any 
take  any 


by  pelagic  sealing  will  be  unprecedented,  and  will,  in  the  opinion  of  our 
comniisHionerH,  flo  nearly  destroy  the  value  of  the  seal  tishericH  as  to 
make  what  will  remain,  of  so  little  value  as  scarcely  to  bo  a  worthy  8ul»- 
jcct  for  an  international  arbitration. 

The  proposition  of  Lord  Salisbury  to  prohibit  the  killing  of  seals  at 
sea  "  within  a  zone  extending  to  not  more  than  thirty  nautical  miles 
mound  the  Pribyloff  Islands  "  is  so  obviously  inadequate  and  so  impos- 
sible of  execution  that  this  Government  can  not  entertain  it.  In  the 
early  part  of  the  discussion  of  the  subject  of  a  modus  for  last  year,  this 
method  was  tentatively  suggested  among  others  in  conversation  between 
.yourself  and  Mr.  Blaine.  But  it  was  afterward  in  effect  agreed  by  both 
(iovernments  to  be  inadequate,  and  was  not  agaiu  referred  to  in  the 
correspondence.  In  the  memorandum  furnished  by  you  with  your  note 
of  June  0,  you  say: 

Lord  Suli^biiry  points  out  that  if  seal  hunting  be  prohibited  on  one  side  of  a  purely 
imaginary  litiu  drawn  in  the  open  ocean,  while  it  is  permitted  on  the  other  side  of  the 
line,  it  will  be  impossible  in  many  cases  to  prove  unlawful  sealing  or  to  infer  it  from 
the  possei^Hion  of  skins  or  fishing  tackle. 

This  was  said  with  reference  to  tiio  water  boundary  of  our  purchase 
from  Rnssia,  but  is  quite  as  applicable  to  tbo  30  mile  zone  which  lie 
now  suggests.  The  provaleni-e  of  fogs  in  thi'se  waters  gives  increased 
force  and  conclusiveness  to  the  point  made  by  his  lordship  against  an 
imaginary  water  line.  The  President  can  not  agree,  now  that  the  terms 
or  arbitration  have  been  settled,  that  tbe  restrictions  imposed  shall  be 
less  tlian  those  which  both  Goveininents  d"emed  to  be  ap])ropriato 
when  it  was  still  uncertain  whether  an  early  adjustment  of  the  contro- 
versy was  attainable.  He  therefore  hopes  that  Her  Majesty's  Govern- 
ment will  consent  to  renew  tho  arrangement  of  last  year  with  the 
promptness  which  the  exigency  demands  and  to  agree  to  enforce  it  by 
refusing  all  clearances  to  sealing  vessels  for  the  i>rohibited  waters  and 
by  recalling  from  those  waters  all  such  vessels  as  have  already  cleared. 

This  Government  will  honorably  abide  the  judgment  of  the  high  tri- 
bunal which  has  been  agreed  upon,  whether  that  judgment  be  favorable 
or  unfavorable,  and  will  not  seek  to  avoid  a  just  responsibility  for  any 
of  its  acts  which  by  that  judgment  are  found  to  be  unlawful.  But  cer- 
tainly the  United  States  can  not  be  exp(c':ed  to  suspend  the  defense, 
by  such  means  as  are  within  its  power,  of  tbe  property  and  jurisdic- 
tional rights  claimed  by  it,  pending  the  arl)itration,  and  to  consent  to 
receive  them  from  that  tril^unal,  if  awarded,  shorn  of  much  of  their 
value  by  the  acts  of  irre8ponsil)le  persons. 
I  have  the  honor  to  be,  etc., 

William  F.  Wharton, 

Acting  Secretary, 


)rohibition 

jnt  of  tbe 

of  obliga- 

resultlng 
ihriug  Sea 
cted  catch 
isaels  from 
e  about  to 
:e  increase 
t'ective  re- 
his  season 


COREESPONDBI^OE  WITH  THE  LEGATION  OP  THE  UNITED 

STATES  AT  LONDON. 


Mr.  Phelps  to  Mr.  Bayard. 


No.  825.] 


Legation  of  the  United  States, 
London,  September  12, 1888.    (Received  September  22.) 

SiE :  Beferriug  ^  the  subject  of  the  Ala8kq,n  i^eal  fisheries,  and  tp 
the  previous  corrsspondence  on  the  subject  between  the  Department 
and  this  legation,  I  have  now  the  honor  to  acquaint  you  with  the  pur- 


94 


BERINU    SEA. 


port  of  a  conversation  whicb  1  held  with  Lord  SaliHbiiry  in  regard  toit 
on  the  13th  August. 

IllneHH,  which  han  incapacitated  me  f^om  business  during  most  of  tiie 
Interval,  has  prevented  ray  laying  it  before  you  earlier. 

One  of  the  objects  of  the  interview  i  then  sought  with  his  lordshi)) 
was  to  urge  the  comjiletion  of  the  convention  between  the  United  States, 
Great  Britain,  and  Jiussia,  which  under  your  instructions  had  previously 
beeu  the  subject  of  discussion  between  the  secretary  for  foreign  atiairs, 
the  Russian  ambassador,  and  myself.  This  convention,  as  I  have  be- 
fore advised  you,  had  been  virtually  agreed  on  verbally,  except  in  its 
details;  and  the  liussian  as  well  as  the  United  States Govcirumeut  went 
desirous  to  have  it  completed.  The  consideration  of  it  had  been  sus- 
pended fur  communication  by  the  British  Government  with  theCanadiaii 
Government,  for  which  ])urpoi^e  an  interval  of  several  months  had  been 
allowed  to  elapse.  During  this  time  the  attention  of  Lore'  Salisbdrv 
had  been  repeatedly  recalled  to  the  subject  by  this  legation,  and  on 
those  occasions  the  answer  received  from  him  was  that  no  reply  fruin 
the  Canadian  authorities  had  arrived. 

In  the  conversation  on  the  13th,  above  mentioned,  I  again  pressed  for 
the  completion  of  the  convention,  as  the  extermination  of  the  seals  by 
Canadian  vessels  was  understood  to  be  rapidly  proceeding.  His  lord- 
ship in  reply  did  not  question  the  propriety  or  the  importance  of  Uiking 
measures  to  prevent  the  wanton  destruction  of  so  valuable  an  industry, 
in  which,  as  he  remarked,  England  had  a  large  interest  of  its  own,  but 
said  that  the  Canadian  Government  objected  to  any  such  restrictions, 
and  that  until  its  consent  could  be  obtained,  Hor  Majesty'^  Guvernment 
was  not  willing  to  enter  into  the  convention ;  that  time  would  be  re- 
quisite to  bring  this  about,  and  that  meanwhile  the  couveutiou  must 
wait. 

It  is  very  apparent  to  me  that  the  British  Government  will  not  exe- 
cute the  desired  convention  without  the  concurrence  of  Canada.  And 
it  is  equally  apparent  that  the  concurrence  of  Canada  in  any  such  ar- 
rangement is  not  to  be  reasonably  expected.  Certain  Canadian  vessels 
are  making  a  profit  out  of  the  destruction  of  the  seal  in  the  breeding 
season  in  the  waters  in  question,  inhuman  and  wasteful  »«  it  is.  That 
it  leads  to  the  speedy  extermination  of  the  animal  is  no  loss  to  Canada, 
because  no  part  of  these  seal  fisheries  balong  to  that  country  ;  and  the 
only  profit  open  to  it  in  connection  with  them  is  by  destroying  the  seal 
in  the  open  sea  during  the  breeding  time,  although  many  of  the  animals 
killed  in  that  way  are  lost,  and  those  saved  are  worth  much  less  than 
when  kille'd  at  the  proper  time. 

Under  these  circumstances,  the  Government  of  the  United  States 
must,  in  my  opinion,  either  submit  to  have  these  valuable  fisheries  de- 
stroyed or  must  take  measures  to  prevent  their  destruction  by  cai'tui- 
ing  the  vessels  employed  in  it.  Between  these  alternatives  it  does  nut 
appear  to  me  there  should  be  the  slightest  hesitation. 

Much  learning  has  been  expended  upon  the  discussion  of  the  abstract 
question  of  the  right  of  mare  clausum.  I  do  not  conceive  it  to  be  ap- 
plicable to  the  present  case. 

Here  is  a  valuable  fishery,  and  a  large  and,  if  properly  managed,  per- 
manent industry,  the  property  of  the  nations  on  whose  shores  it  is  car- 
ried on.  It  is  proposed  by  the  colony  of  a  foreign  nation,  in  defiance  of 
the  joint  remonstrance  of  al.  the  councries  interested,  to  destroy  tiiis 
business  by  the  indiscriminate  slaughU'r  and  extermination  of  the  aiti 
mals  in  question,  in  the  open  neighboring  sea,  during  the  period  of 
gestation,  when  the  common  dictates  of  humanity  ought  to  protect 
them,  were  there  no  interest  at  all  involved.    And  itis  suggested  that 


BERING   SEA. 


96 


wc  are  prevented  from  (IcfciKling  oitraclvrs  n^iiinst  hucIi  deprediitiona 
because  the  sea  at  ii  cei-tain  distance  iVoni  the  coast  is  free. 

The  same  Hue  of  argument  wouhl  take  under  itH  protection  piracy 
and  the  slave  trade,  when  prosecuted  in  the  open  sea,  or  would  justify 
one  nation  in  destroying  the  commerce  of  anotiier  by  placing  danger- 
ous obstructions  and  derelicts  in  the  open  sea  near  its  coasts.  There 
lire  many  things  that  can  not  be  allowed  to  be  done  on  the  open  sea  witli 
impunity,  and  against  which  every  sea  is  viare  clausnm.  And  the  right 
of  self  defense  as  to  person  and  property  prevails  there  as  fully  as  else- 
where. If  the  fish  upon  the  Canadian  coasts  could  be  destroyed  by 
scattering  poison  in  the  open  sea  adjacent,  with  some  small  profit  !«> 
those  engaged  in  it,  would  Canada,  upon  the  just  principles  of  iiilernn- 
tional  law,  be  held  defenseless  in  such  a  case  f  Yet  that  process  would 
be  no  more  destructive,  inhuman,  and  wanton  than  this. 

I(  precedents  are  wanting  for  a  defense.so  necessary  and  so  proper 
it  is  because  precedents  for  such  a  course  of  conduct  are  likewise  un- 
known. The  beat  international  law  has  arisen  irom  precedents  that 
have  been  established  when  the  just  occasion  for  them  arose,  undeterred 
by  the  discussion  of  abstract  and  inadequate  rules. 

Especially  should  there  be  no  hesitation  in  taking  this  course  with 
the  vessels  of  a  colony  which  has  for  three  years  harassed  the  fisheries 
of  our  country  with  constant  captures  of  vessels  engaged  in  no  viola- 
tion of  treaty  or  legal  rights.  The  comity  of  nations  has  not  deterred 
Canada  from  the  nersistent  obstruction  of  justifiable  and  legitimate 
fishing  by  Ameriwm  vessels  near  its  coasts.  What  princii>le  of  reci- 
l)rooity  precludes  us  from  putting  an  end  to  a  pursuit  of  the  seal  by 
Canadian  ships  which  is  unjustifiable  and  illegitimate t 

I  earnestly  recommend,  therefore,  that  the  vessels  that  have  been  al- 
ready seized  while  e^^gaged  in  this  business  be  firmly  held,  and  that 
measures  be  taken  to  capture  and  hold  every  one  hereafter  found  con- 
cerned in  it.  If  further  legishttion  is  necessary,  it  cau  doubtless  be 
readily  obtained. 

There  need  be  no  fear  but  that  a  resolute  stand  on  this  subject  will 
at  once  put  an  end  to  the  mischief  complained  of.  It  is  not  to  be  reas- 
onably expected  that  Great  Britniu  will  either  encourage  or  sustain  her 
colonies  in  conduct  which  she  herself  concedes  to  be  wrong  and  which 
is  detrimental  to  her  owir  interests  as  well  ns  to  ours.  More  than  10,(K)0 
people  are  engaged  in  London  alone  in  the  preparation  of  seal  skirs. 
And  it  is  understood  that  the  British  Gorernuieut  has  requested  that 
clearances  should  not  be  issued  iu  Canada  for  vessels  employed  in  this 
business ;  but  the  request  has  been  disregarded. 
1  have,  etc., 

E.  J.  Phelps. 


Mr.  White  to  Mr.  Blaine. 


No.  132.]  Lega.1  ION  OF  THE  United  States, 

London,  December  4,  1889.    (lieceived  December  It.) 
8iE :  Keferring  to  my  dispatch  No.  128,  of  the  30th  ultimo,  I  have  the 
honor  to  inclose  herewith,  for  your  inforniatiou,  cuttings  from  the  Times 
of  the  3d  instant,  containing  further  correspondence  with  reference  to 
the  Bering  Sea  fisheries. 
I  have,  etc., 

Hbmby  White. 


96 


BEBINQ   SEA. 


fTrom  the  TiOodon  Times,  Saturday,  November  30, 1880.] 
THK  BKKINO  8BA  QUK8TION. 

To  the  Kdltor  of  the  Times : 

Sir:  Mr.  Stuvuluy  Hill  lius  done  aKr<*at  public  Hervice  in  cnlling  attention  nnnw  to 
tbe  niBttera  in  diHpute  in  regard  to  the  seal  (inherieB  in  Hering  Sea.  He  givt>H  in  hh 
interesting  letter  information  of  the  greatest  value  to  those  who  would  wish  to  un- 
derstand the  ({uestion.  But  in  order  rightly  to  understaud  the  question  it  is  neces- 
sary to  supplement  and  even  modify  Mr.  Staveley  Hill's  account — briefly  indeed— ou 
three  main  points. 

First,  then,  as  to  the  "  pretended  apathy  of  Great  Britain."  Certainly  nothing  has 
yet  been  done.  But  since  I  made  my  tirst  inquiries  ou  the  Pacitio  coast  in  lUHt>,  iiii- 
uiediately  after  the  troubles  commenced,  up  to  my  visit  to  Vancouver  Island  in  the 
spring  of  this  year,  I  know  that  both  the  Imperial  and  the  Canadian  governmenlH 
have  had  the  matter  constantly'  in  hand.  The  Bering  Sea  dispute  was  one  intrusted 
to  Mr.  Chamberlain's  commission,  although  for  specinc  reasons  it  was  not  proceeded 
with  at  Washington.  In  the  House  of  Commons,  where  I  have  taken  occasion  to  call 
attention  to  eaou  Bering  Sea  seizure  as  it  has  occurred,  we  have  from  time  to  time 
been  told  of  negotiations  in  progress,  and  I  donbt  not  but  that  when  the  next  install- 
ment of  ofiSoial  correspondence  is  published  we  shall  find  much  strong  and  probably 
"vigorous"  language  in  the  diplomatic  record. 

Secondly,  Mr.  Staveley  Hill's  graphic  description  of  the  tisheries  on  the  Pribilof 
Islands  would  lead  one  to  suppose  tliat  Canadian  sealers  captured  the  young  males, 
"dry  cows,"  and  others  of  the  seal  community  who  can  not  nnd  room  on  the  rooker- 
ies. As  a  matter  of  fact,  the  Canadian  sealers  take  very  few,  if  any,  seals  close  tu 
these  islands.  Their  main  catch  is  made  far  out  at  sea,  and  is  almost  entirely  com- 
posed of  females.  Again,  Mr.  Staveley  Hill  advocates  a  clone  time,  excepting  for  the 
months  of  July,  August,  and  September.  But  the  Canadian  sealers  commence  seal- 
ing in  December,  and  seal  continuously  from  then  till  August.  Nor  does  a  close  time 
get  oyer  the  difficulty  of  jurisdiction  over  the  high  seas,  for  the  seals  are  chiefly  cap- 
tured 25  to  30  miles  from  land.  But  I  will  uot.now  point  out  other  numerous  detailH 
which  I  gathered  in  ray  inquiries  from  the  point  of  view  of  natural  history.  I  have 
said  enough  to  show  bow  complex  is  the  subject. 

The  third  point  I  would  mention  in  supplement  is  that  American  as  well  as  Cana- 
dian sealers  engage  in,  as  they  term  it,  this  "  marine  fur  industry  ;  "  and,  asl  know 
by  personal  inquiry  among  them,  are  just  as  indignant  as  the  Canadians  at  the  high- 
handed proceedings  of  the  Alaskan  authorit:ea. 

But,  sir,  as  I  have  said  on  more  than  one  occasion,  I  believe  the  matters  in  dispute 
can  best  be  settled  on  economic  rather  than  on  diplomatic  plcts.  All  sides  wish  the 
seals  preserved  ;  all  wish  to  see  the  market  prices  of  skins  maintained.  Judging  by 
what  I  know  to  be  the  views  held  by  ofticials  in  Washington,  in  Ottawa,  and  in  Lon- 
don, by  "  marine  sealers,"  whether  Canadian  or  American,  and  by  >^.he  Alaska  Com- 
mercial Company,  it  would  be  easy  on  one  coudiliou to  arrive  at  an  international 
agreement  embodying  regulations  which  all  would  obey  and  all  would  accept  as  use- 
ful and  right.  These  regulations  would  cover  more  than  a  close  time,  but  all  inter- 
ested would  accept  them  as  a  final  close  of  a  vexatious  dispute. 

The  one  condition  of  success  is  that  these  regulations  be  drawn  up  in  tbe  light  ot 
a  full  and  complete  knowledge  of  the  natural  history  of  the  case.  They  must  em- 
body the  one  general  view  of  the  whole  industry,  and  not  the  partial  views  either  of 
the  rookery  owners  or  of  the  "  marine  "  sealers. 

Mr.  Stavelv  Hill  has,  with  great  point  and  ability,  alluded  to  the  hollowness  of  the 
case  for  Alaska  in  international  law.  I  would  venture  to  add  that  internati<mal  law 
had  beat  been  called  in  now,  with  the  view  nut  so  much  of  upsetting  tbepasi  usuf 
regnlating  the  future. 

The  whole  dispute  is  to  many  one  of  much  intrinsic  interest,  but  its  extrinsic  effect 
on  the  relations  between  Canada  and  the  British  Empire  an(l  the  United  States  are  of 
far  higher  import;  and  I  earnestly  trust  that  Lord  Salisbury  is  even  now  working  out 
some  satisfactory  solution  of  this  Bering  Sea  diffiioulty. 
I  am  your  obedient  servant, 

Oeoroe  Badbn-Powell. 


(From  the  London  Times,  Tuesday,  December  3,  1889.] 
THE  BKRIMO  8BA  QUESTION. 

To  the  EclUor  o/  the  finut : 

Sir:  Sir  George  Baden-Powell,  in  his  valuable  comments  on  Mr.  Staveley  Hill's 
letter  upon  the  Bering  Sea  question,  says  truly  that  the  one  condition  of  success  in 
all  future  regulations  is  that  "they  should  be  drawn  up  in  the  light  of  a  full  and 
complete  knowledge  of  the  natural  history  of  the  case." 


BERING   SEA. 


97 


Roaroely  »  oentnry  ago  fnr  mbIh  exinted  in  iinniberB  which  appear  now  nlinoHt  in- 
credible on  many  ooantit  and  JHlnnds  of  the  Konthorn  Oceiin,  Juan  Ft^rnnnde/.,  Chill, 
tlut  Falkland  iHlandH,  Honth  (ieori(ia,  Honth  Hhutland,  Priuuo  Kdward  iHlund,  the  Cro- 
/.<<tteH,  some  partH  of  Anatralia,  Antipoden  Island,  and  many  more,  moHtly  within  our 
(ioniinionHor  within  Hritish  influence,  nil  poswHw^d  *' rookerieH,"  or  breeding  plnonn  of 
Hfiila,  which,  if  protected,  niiKht  have  been  Btill  an  pounloim  and  valuable  an  thoHe  on 
I'ribilof  lalandH  in  the  UeriiiK  Sea.  Every  <me  of  those,  however,  has,  owini;  to  the 
riithlefiH  and  indiscriminate  slauKhter  carried  on  by  ignorant  and  lawless  sealers,  re- 
ftiirdless  of  everything  but  immediate  protit,  been  totally  annihilated,  or  so  reduced 
wi  numbers  that  it  is  no  longer  worth  while  to  visit  them.  The  only  spot  in  the 
world  where  fur  seals  are  now  found  in  their  original,  or  even  increased,  nuinliers  is 
tlin  Pribilof  group,  a  circumstance  entirely  owing  to  the  rigid  enforcement  of  the 
wise  regulations  of  the  Alaskan  Connnercial  Company,  which  are  bused  on  a  thor- 
ough knowle<)ge  of  the  habits  of  the  animals,  fhit  for  this  the  fur  seal  might  before 
now  have  been  added  to  the  long  list  of  animals  exterminated  from  the  earth  by  the 
liiiud  of  man. 

Of  course  it  is  not  my  province  to  enter  into  t'le  question  of  the  recent  alleged 
illegal  or  high-handed  proceedings  of  the  Ala»<kan  authorities  or  the  wrongs  of  the 
Canadian  fishermen,  so  graphically  described  by  Mr.  Staveley  Hill.  They  may  be 
Haf'oly  left  in  Lord  Salisbury's  hands;  but  if  they  have  been  such  as  to  call  the  seri- 
ous attention  of  both  governments  concerned  to  the  necessity  of  coming  to  a  definite 
understanding  for  the  future  protection  of  the  seals,  not  only  in  the  islands,  but 
throughout  the  whole  region  of  their  migrations,  these  events  will  nut  have  been 
without  their  use.  The  fact  that  the  interests  of  the  seals  ar  also  in  the  long  run 
iiie  interests  of  those  who  capture  and  destroy  them  has,  unfortunately,  not  saved 
tiiem  from  destruction  elsewhere;  but  it  is  to  be  hoped  Unit  this  sad  history  will  not 
bi)  lost  sight  of  in  dealing  with  them  in  their  one  remaining  stronghold. 
I  am,  your  obedient  servant, 

W.  H.  Flower. 

Natuhai.  History  Musrum, 

Cromwell  Hood,  S.  W.,  November  30. 


Mr.  Lincoln  to  Mr.  Blaine. 

I  No.  394.]  Legation  of  the  United  States, 

London,  January  24, 1891.    (Received  February  4.) 

Sir:  I  have  the  honor  to  inclose  herewith,  for  your  information,  a 
[cutting  from  to-day's  Times,  reportitig  an  answer,  in  the  House  of  Com - 
iiiions  yesterday,  of  Sir  James  Fergnsson  to  a  question  asked  by  Prof. 
I  Bryce  as  to  the  present  status  of  the  Behring  Sea  question. 
I  have,  etc., 

BoBEBT  T.  Lincoln. 


fPtom  the  London  TimeB,  Jannsry  24, 1891.] 


THK  BERING  SEA   FISHERIES. 

Mr.  Bryce  asked  the  nnder-secretary  for  foreign  affairs  whether  he  conld  give  the 
I  House  any  information  regarding  the  present  position  of  the  negotiations  between 
I  Her  Majesty  and  the  Government  of  the  United  States  of  America  regarding  the  seal 
iKKheries  in  Bering  Sea;  whether,  in  particular,  he  could  state  what  was  the  nature 
I  of  the  proceedings  reported  to  have  been  recently  taken  in  the  Supreme  Court  of  the 
Irnited  States  In  connection  with  the  seizure  of  a  sealing  vessel  which  was  sailing 
[voider  the  British  flag;  and  when  it  was  intended  t-o  pteseut  to  Pailiatneut  papers 
[relating  to  this  subiect. 

Sir  J.  Fergnsson.  Negotiations  regarding  the  seal  fisheries  in  the  North  Pacific 
lOcean  are  proceeding  in  ordinary  diplomatic  course.  Along  note  was  addressed 
Iby  the  United  Staten  Government  to  Her  Majesty's  minister  at  Washington  on  the 
1 17th  of  December,  to  which  a  reply  has  not  yet  been  made.  The  proceedings  taken 
III)  the  Supreme  Conrt  of  the  United'  States  are  a  motion  for  a  writ  of  prohibitiuu  to 
Itiie  district  court  of  Alaska  in  respect  of  alleged  excess  of  jurisdiction  bv  that  court 
■in  condemning  a  Canadian  vessel  which  was  engaged  in  seal  fishery  in  the  open  sea. 

S.Ex.56 7 


98 


BERING   UEA. 


That  application  ban  nnt  }'ot  1ie<Mi  lieanl.  ThiH  cniinie  wnn  taken  at  the  In«taiir(<  nf 
th«  CaniKlInn  goTeriiinent,  with  tlie  approvti)  of  H«r  MaJ4-Ht.v'H  Qovernineiit,  ami 
npon  tlie  aclvioe  of  American  lawycrH.  ItH  olijeot  \h  to  lirini;  the  caao  hefore  tlin 
hlKhcHt  tribunal  in  the  United  Htatea  in  the  fnllent  ntanner.  It  iH  (lesirable  to  point 
out  that  in  this  oourM  there  in  no  iutitrference  in  any  neiifie  with  tlie  diplomatic  nn«N- 
tion.  Diplomatic  iiegotiationH  have  n  ferenue  to  a  wrnng  which  we  aay  hait  been 
committed  aKainiit  intornationa)  law  and  can  only  bo  redrcHsed  by  diplomacy.  The 
legal  procoediiiKN,  on  the  other  hand,  before  the  Hiipreinu  Conrt  have  reference  to  ii 
wroui^  conimitte<l,a8  we  believe,  on  liritiHli  RubJeotR  aKainst  the  iiiuuicipal  law  of  the 
United  Stateo;  and  redreHB  for  that  wrong  can  only  l>e  maintained,  at  leant  in  tlie 
flnit  instance,  from  the  snprume  tribunal  of  the  United  StatoH.  At  pre  en t  I  am 
unable  to  say  anythini;  an  to  the  |)reHentatlon  of  further  paiiers.     [Hear,  hear!] 

Mr.  Hryce.  Can  the  right  honorable  guniluuian  at  nil  indicate  when  be  thiiikit  uny 
papera  bearing  on  the  question  of  the  proceedings  in  the  Snprome  Coart  will  be  ]>re- 
seiited  f 

Sir  J.  Fergnsson.  I  think  the  honorable  member  will  see  that,  as  the  application 
has  not  been  heard,  it  is  quite  iiupussible  to  make  any  proiuiso  at  present.  [Hear, 
hear.] 


Mr.  Li  icoln  to  Mr.  Blaine. 

No.  470.]  Legation  of  thk  United  States, 

London,  June  (i,  1891.  {Received  June  17.) 
Sib  :  Referring  to  my  diBpatcb  imiubered  468  of  3d  inHtant,  1  liavu 
the  bonoi  to  inclose  herewith,  for  your  information,  the  report  of  a  de- 
bate which  took  place  on  the  4th  instant  in  the  Houho  of  Commons 
upon  the  third  reading  ot  the  Behring  Sea  (seal  fishery)  bill,  which,  1 
may  add,  was  read  for  the  first  time  in  the  Houro  of  Lords  without 
debate  yesterday. 
I  have,  etc., 

BoBEBT  T.  Lincoln. 


[From  the  London  Time*,  Friday,  June  5, 1801.] 
SKAL  FI8HBRY  (BBRINO  8BA)  BILL. 

The  consideration  of  thin  bill  in  committee  was  resumed  on  clanne  1  (power  tp  pro- 
hibit by  order  in  council  the  hunting  of  seals  in  Bering  Sea).  The  first  subsection 
enables  Her  Majesty  by  order  in  council  to  prohibit  the  catching  of  seals  by  UritiHJi 
ships  in  Bering  Sea  during  the  period  liinitecl  by  such  order. 

Mr.  A.  8.  Hill  moved  to  add  after  "order"  "if  the  Legislature  of  the  Dominion 
shall  consent  to  such  prohibition."  Hc'  said  that  the  persons  most  concerned  wuro 
tlie  Canadians,  and  they  were  by  no  means  conHenting  parties  to  this  measure.  The 
Americans  required  that  they  should  be  allowed  to  kill  7,500  seals  on  their  own  ac- 
count.  Whatever  number  of  seals  they  claimed  to  kill,  they  ought  to  kill  in  the  open 
seas  and  not  in  the  rookeries.  These  7,500  seals  were  not  to  be  Icilled  for  food  for  the 
islanders.  But  the  United  States  said  that  they  kept  300  Aleutian  inlanders  in  the 
seal  fisheries,  and  if  the  prohibition  was  to  affect  them  they  would  have  themselveH 
to  keep  these  servants  of  theirs,  and  for  their  wages  would  have  to  p^y  some  £20,000. 
A  more  monstrous  claim  could  not  be  put  forward.  If  there  waa  to  be  any  claim  at 
all  it  should  be  made  by  the  Victorian  fishermen. 

Mr.  W.  H.  Smith  regretted  that  his  honorable  and  learned  friend  was  not  satisfieil 
with  the  assurance  which  the  Uovernnieut  had  given.  He  said  distinctly  on  the  sec- 
ond reading  that  the  Government  could  not  assent  to  the  introduction  of  these  words. 
The  Dominion  httd  a  right  to  legislate  so  far  as  her  own  people  were  concerned,  but 
she  had  no  right  to  legislate  for  the  British  flag.  The  Bering  Sea  was  some  thousand 
miles  away  from  Canada,  and  the  Canadian  Government  bad  received  every  ansnranee 
that  compensation  should  be  given  to  any  British  subject  who,  it  ,could  be  shown, 
would  sutler  loss.  Her  Majesty's  Government  hoped  that  the  Bri'tish  losses  would 
be  a  great  deal  less  than  his  honorable  and  learned  friend  supposed.  The  destruction 
of  7,5ij0  seals  was  considerable,  but  they  were  willing  to  oouoeat  to  that  proposal  in 
order  to  put  an  end  to  »  sericns  danger. 


e  !niitAnr)>  nf 
Rrninent,  ami 
iflo  liflfnre  tlin 
ftbl«  to  point 
loniatio  niioN- 
Mi.v  Iia8  liceii 
InniHoy.  Tim 
relereiioe  to  a 
lal  Imw  of  tlx^ 
t  IciiNt  in  tlitt 
[int  cut  I  am 
,  hear!] 
tie  thinkd  any 
t  will  be  pro- 

le  application 
sent,     [iluar, 


June  17.) 
ant,  I  liavu 
ort  of  a  (le- 
F  Oominoiis 
ill,  which,  I 
ids  without 


Lincoln. 


>ower  tp  pro- 

'8t  subsection 

Is  by  UritiNJi 

lie  Dominion 
icerned  wuro 
eaanre.  Tli» 
heir  own  ac- 
11  in  the  open 

foo<l  for  tbo 
uders  in  tho 

tiieraselvBH 
ime  £20,000. 
any  claim  at 

not  satisflrd 
y  on  the  sec- 
these  words. 
earned,  bnt 
me  thousand 
rr  awiurance 
Ibe  shown, 
losses  won  1(1 
destruction 
propoeal  in 


BERING   UEA. 


99 


Mr.  A.  8.  Hill  said  that,  after  the  asitiirance  of  tlii>  right  honorablo  gentleman,  he 
wituld  not,  of  course,  proceed  further  with  his  amendment.  He  had,  however,  re- 
ceived a  onbiegram  from  Canada  on  thri  subject. 

Mr.  Drvce  iiHked  for  some  inforniatioii  as  to  what  had  passed  betweon  the  Govem- 
iiii'ut  anil  the  Canadian  Government  and  the  nature  of  the  terms  tliat  had  been  ar- 
mnged. 

Nlr.  W.  H.Hmitli  said  the  Government  IimI  sat isliud  themselves  that  the  Canadian 
(iiivernment  hiid  accepted  the  view  he  had  previonsly  indicat(;d.  He  would  endeavor 
to  \>\\b  the  House  further  information  on  tho  sul>|ect  as  soon  as  possible. 

Sir  G.  Campbell  want«!d  a  more  explicit  ussurauce  on  the  subject  of  compensation 
and  expressed  the  hope  that  the  British  tax|)ayer  was  not  to  become  liable. 

The  amendment  was  withdrawn  and  the  ciuuse  was  added  to  the  bill,  as  was  also 
cl.'inse  2. 

On  Icause  \\  (applioation  and  construction  of  act  nnd  short  tulo^ 

.Mr.  G.  O.  Morgan  referred  to  the  phrase  "  marine  animal,"  aoil  .i  <ked  whether  it 
w;m  likely  to  include  whales 

Mr.  VV.  H.  Smith  said  the  phraseology  of  tho  clause  had  bt.-eu  r  \ri'fully  considered, 
but  of  coqrse  Her  Majesty's  Governniunt  <lid  not  intend  to  .itiibit  the  catching;  of 
whales. 

The  clause  was  agree<l  to,  and  the  bill  reported  without  umendnieUs  (o  i^he  House. 

The  House  r'  sunied. 


W. 


lith  appealed  to  the  House  to  allow  the  bill  to  )  <)  rj..(!  a  third  time 


Mr. 
nnw.     It  was  of  great  importance,  and  it  was  also  desirable  ti.al  no  delay  should 
*'•''«  place. 

r  W.  Harconrt  Joined  in  the  appeal  and  hoped  that  no  'd>jeotion  would  be  taken 
to  the  course  suggested  by  the  right  honorable  gentleman.  He  asketl  the  First  Lord 
of  the  Treasury  to  lay  on  the  table  of  the  House  tho  couimuuications  which  l.id 
puHsed  with  the  Canadian  government. 

Mr.  W.  H.  Smith  said  there  was  no  reason  why  the  HouHe  should  not  be  placed  in 
jioNsession  of  the  information. 

.Mr.  Sexton  hoped  that  the  First  Lord  of  the  Treasury  would  appreciate  the  for- 
Wiirance  of  the  Irish  members  in  allowing  the  bill  to  be  read  a  third  time,  [Laugh- 
ter.! 

The  bill  was  read  a  third  time. 


Mr.  Lincoln  to  Mr.  Blaine. 


Ko.  472.] 


Legation  op  the  United  States, 

London,  June  10,  1891.     (Received  June  19.) 

Sir:  Referring  to  my  dispatch  numbered  470  of  6tb  instant,  I  have 
tbe  honor  to  inclose  herewith  the  report  of  a  short  d«^bate  which  took 
jilace  in  the  Douse  of  Lords  on  the  8th  instant,  when  the  Bering  Sea 
bill  was  passed,  after  having  been  slightly  amended  on  the  Marquis  of 
Salisbury's  motion. 
I  Lave,  etc., 

Eobbbt  Lincoln. 


(Inolosure  in  Xo.  472.] 
[From  the  Times,  June  9,  1891.] 

The  Marquis  of  Salisbury,  in  moving  that  the  bill  be  read  a  second  time,  said  *  * 
The  measure  I  am  now  submitting  is  one  to  enable  Her  Majesty  to  stop  seal  hunt- 
ing on  the  part  of  British  subjects  in  Behring  Sea  for  terms  to  be  specified  in  an  order 
ill  council.  The  first  aim  of  thi.s  provision  is  to  enable  Her  Miijcsty's  Government  to 
come  to  an  agreement  with  the  United  States  to  suspend  the  hunting  for  seals  in  Ber- 
ing tSea,  or  a  great  part  thereof,  during  the  ensuing  season.  As  your  lordships  are 
awiire,  there  has  been  for  some  time  a  very  vigorous  discussion  proceeding  between 
lliu  United  States  and  this  country.    The  United  States  have  asserted  claims  over  the 

pen  sea,  and  a  right  to  stop  the  bunting  of  seals  in  that  sea,  which  Her  Majesty's 
Qovernment  hare  not  admitted  and  oau  uut  Kdutit.    After  mnob  diaoussion  we  have 


100 


nERING   SEA. 


agreed  in  princinle  that  the  difference  shall  be  referred  to  arbitration,  and  we  hope 
that  the  terms  on  which  that  arbitration  is  to  be  established  are  almost  agreed  upon. 
I  believe  there  are  very  few  points  of  difference  remaining,  but  in  the  meantime  the 

Question  raised  by  the  motive  which  mainly  actuates  the  United  States,  namely,  the 
esire  to  prevcutthe  extermination  of  the  animal  which  sustains  a  valuable  industry, 
remnins  uuHolved. 

There  are  many  persons  in  the  United  States  who  are  of  opinion  that  if  we  wait 
antil  the  arbitration  is  completed  a  very  serious,  if  not  a  fatal,  blow  may  have  been 
struck  against  that  industry.  There  is  no  doubt  that  the  catch  of  seals  has  increased 
largely  of  recent  years,  and  SDme  experts  declare  that  grounds  which  were  formerly 
covered  with  them  are  now  almost  denuded.  I  do  not  at  all  concede  that  that  opinion 
is  universal.  The  Government  of  Canada  doubts  very  much  whether  the  statistics 
on  this  point  are  correct.  At  all  events,  these  apprehensions  have  this  circumstance 
in  their  favor,  that  unrestricted  permission  to  all  nations  to  hunt  the  seal  at  all  times 
has  resulted  in  other  parts  of  the  world  iu  its  entire  extermination.  Formerly  seals 
were  common  on  the  coasts  of  South  America  and  those  of  the  Falkland  Islands ; 
now  they  are  hardly  to  be  found  there.  There  is,  therefore,  a  serious  danger  to  be 
averted,  and  we  can  hardly  wonder  that  the  United  States  should  be  anxious  that  an 
industry  which  is  so  very  valuable  should  not  incur  any  danger  from  neglect.  They 
propose  that  oter  that  part  of  ttie  sea  which  they  are  authorized  to  deal  with,  and 
on  all  the  islands  and  coasts  belonging  to  the  United  States,  there  shall  be  no  seal 
killed  until  the  month  of  May,  1892,  if  Her  Majesty's  Government  will  arrest  tbe 
progress  of  British  seal  hunting  in  the  same  waters  during  the  same  time. 

It  seems  to  us  that  on  the  whole  the  proposition  is  a  reasonable  one,  and  we  should 
be  fully  incurring  the  censure,  not  only  of  the  United  States,  but  of  the  civilized 
world,  if  by  adhering  too  closely  to  any  technical  right  we  should  run  the  risk  of  the 
destruction  of  this  valuable  industry  and  of  a  valuable  animal.  Of  course  we  are 
aware  that  some  injury  may  be  done  by  these  arrangements  to  private  interests,  the 
claims  of  which  it  will  be  necessary  to  meet.  The  notice  has  come  late  in  the  year, 
and  the  seal  hunters  have  made  preparations  which  can  not  now  be  stopped.  Ships 
have  been  fitted  out  for  sealing  in  these  particular  waters  which  may  not  be  able  to 
tiud  employment  elsewhere.  On  the  other  band,  there  is  no  doubt  that  seals  that  are 
caught  more  to  the  west  will  very  much  rise  in  price,  and  a  certain  compensation 
will  to  that  extent  be  afforded.  It  is  impossible  to  say  before?:a::d  whether  there 
will  be  any  practical  loss  or  not.  The  consent  of  the  Dominion  Government  to  the 
bill  we  propose  mainly  turns  on  one  or  two  points.  First,  we  are  agreed  with  respect 
to  arbitration,  if  the  United  States  agree  with  ns,  which  I  believe  they  fully  intend 
to  do.  Secondly,  they  are  agreed  that  compensation  should  be  given  whenever  there 
has  been  a  real  loss  in  consequence  of  the  action  of  the  British  Government.  Who  is 
to  pay  that  compensation  is  a  vexed  question.  We  d»  not  deny  that  a  pnrt  may 
properly  fall  on  the  British  Government,  but  we  are  inclined  to  dispute  that  the 
whole  should  do  so. 

I  do  not  know  what  is  the  view  taken  by  the  Dominion  Government;  but  time 
presses,  and  it  wouM  be  impossible  to  defer  action  until,  by  who  exchange  of  tele- 
grams this  difficult  question  should,  have  been  solved.  Therefore,  as  in  the  first  in- 
stance, as  stated  in  the  House  of  Commons,  we  have  assumed  the  liability.  1  do  not 
know  that  in  any  case  it  can  be  heavy.  The  provisions  of  the  bill  are  few,  and  I  do 
not  think  they  lend  themselves  mncli  to  criticism.  There  is  only  one  change  we  de- 
sire to  be  allowed  to  make  in  the  bill ;  it  is  not  a  large  matter,  and  it  is  in  the  nature 
of  restricting  rather  than  extending  its  action.  I  wish  to  alter  the  first  clause,  which 
prohibits  the  catching  of  seals  by  British  ships  "in  Behring  Sea,"  jy  adding  "or 
any  such  part  thereof  as  may  bo  named  in  the  said  order."  1  do  not  know  how  far 
the  Dominion  will  be  inclined  to  go,  but  this  is  not  a  question  of  principle  and  there 
is  no  other  alteration.  It  will  be  convenient  if  your  lordsliips,  after  rea  ling  the  bill 
a  second  time,  will  pass  it  through  itR  remaining  stages;  but  if  there  is  a  strong  ob- 
jection to  that  course,  I  will  not  press  it.  Time  is  running  out,  and  every  day  or  two 
IS  of  importance.    With  these  observations,  I  move  the  second  rea«ling  of  the  bill 

The  Earl  of  Kimberley.  •  •  •  With  regard  to  the  bill  itself,  I  have  no  criti- 
cism to  offer,  and  I  would  rather  confine  myself  to  an  expression  of  satisfaction  at 
the  prospect  of  this  controversy  being  terminated.  I  have  bad  the  opportunity,  as 
your  lordships  have  had,  of  reading  the  dispatches  of  the  noble  marquis,  and  I  have 
ceon  with  great  pleasure  the  firmness  with  which  he  has  maintained  the  rights  of  this 
country  to  use  an  open  sea.  At  the  same  time  in  matters  of  this  kind,  which  influence 
the  relations  between  this  country  and  the  United  States,  it  is  clear  that  it  is  an  advan- 
tage to  both  that  disputesarising  between  the  twocountries  should  be  settled  by  arbitra- 
tion and  by  peaceful  means,  and  therefore  1  welcome  the  announcement  of  the  noliU' 
marquis  that  the  terms  of  arbitration  are  practically  settled,  so  that  we  may  look 
forward  to  a  speedy  termination  of  the  dispute.  I  now  only  ask  the  noble  niarqiiiH 
for  information  upon  tho  point  whether-  an  understanding  with  Russia  has  been  ar- 
rivetl  at,    I  am  sorry  to  hear  that  no  agreement  has  been  come  to  with  the  Govei'U' 


BERING    SEA. 


101 


ment  of  the  Dominion  with  regard  to  the  question  of  compensation.  Certainly  it 
appears  that  the  Dominion  has  so  Jarge  and  so  direct  an  interest  in  the  question  that, 
at  all  events,  a  portion  of  the  compensation  should  be  borne  by  the  Oovernment  of 
Canada.  No  one  desires  to  impede  the  progress  of  the  bill,  and  I  think  that  the 
House  will  assent  to  the  suspension  of  the  standing  orders.  [Hear,  hear.] 
•  ••«•<«• 

On  the  question  that  the  bill  do  pass. 

The  Marquis  of  Salisbury  moved  an  amendment  to  the  effect  that  "  Her  Mi^esty, 
tlie  Queen,  might,  by  order  in  coanoil,  prohibit  the  catching  of  seals  by  British  ships 
in  Behring  Sea  during  the  period  limited  by  the  order  or  such  part  thereof  as  was  de- 
scribed in  the  said  order." 

The  amendment  was  agreed  to,  and  the  bill  was  passed. 


Mr.  Lincoln  to  Mr.  Blaine. 

\  No.  592.]  Legation  of  the  United  States, 

London,  January  6, 1892.    (Received  January  15.) 

Sir:  I  have  the  honor  tx)  inclose  herewith  an  extract  from  the  Times 
I  newspaper  of  to-day  containing  the  report  of  a  speech  made  by  Sir 
George  Baden-Powell,  M.  P.,  to  his  constituents,  relative  to  the  Behiing 
I  Sea  question. 

I  have,  etc., 

BoBEBT  T.  Lincoln. 


[From  tbs  London  Timea,  January  8, 1802.] 
SIR  O.  JSADBN-POWKLL  AND  THE  BKRING  8BA  QUESTION. 

Speaking  last  night  at  a  meeting  of  his  constituents  in  the  Kirkdtile  Division  of 
I  Liverpool,  Sir  George  Baden-Powell  gave  an  account  of  his  niisHiou  tu  the  Bering 
pea.  He  said  that  Lord  SaliHbury  told  him  it  was  a  very  difficult,  complex,  and  del- 
icate question ;  that,  above  all  things,  be  wanted  to  avoid  war  with  the  United  States, 
I  but  that  at  the  same  time  he  wanted  to  be  strong,  to  sh  iw  no  fear  in  his  policy,  but 
I  to  show  that  he  was  not  going  to  yield  one  jot  or  tittle  of  British  rights.  [Lond 
I  cheers.  ]    But  Lord  Salisbury  had  an  additional  purpose  in  sending  him  there.. 

Three  or  four  years  ago  the  Americans  seized  some  British  vessels,  imprisoned  the 

[captains  aiul  crews,  and  lined  them  for  taking  fur  seals  out  of  the  high  seas.     This 

I  country,  of  c->urse,  promptly  denied  that  these  vessels  were  acting  illegally,  and  last 

ls\immer  and  Hutumn,  by  their  work  in  the  Bering  Sea,  he  thought  they  had  finally 

l)rought  thai  awkward  ai8put«,  which  might  have  resulted  in  war,  to  arbitration,  and 

it  was  his  Cv  eviction  that  this  country  would  win  in  that  arbitration.     [Cheers.] 

I  He  spent  three  months  in  the  Bering  Sea  investigating  the  full    facts.     When  he 

[arrived  thero  he  found  three  British  luen-of-war  and  seven  Aincricati  Government 

jsliips,  the  la>t«  r  with  instructions  to  seize  the  British  sealers  it  they  attempted  to 

waI  ;  but  the  British  commissioners  were  able,  without  any  breach  of  the  peace,  to 

make  satisfat  tory  arrangements  which  enabled  the  British  sailors  there  to  take  home 

what  seals  they  h..d  got.     [Cheers.]     He  had  stmie  difficulty  in  getting  at  the  full 

facts  of  seal  life  op  the  American  islands,  but  he  managed  to  become  good  friends 

with  the  Americans,  and  parted  with  them  a tt'ectionately,  after  finding  out  nil  the 

facts. 

He  discovered  that  no  one  knew  where  the  seals  went  to  after  leaving  those  Ani- 
■■^ican  islands,  and  he  accordingly  arranged  that  the  three  men-of-war  placed  at  his 
krvioe  and  the  transport  steamer  which  carried  himself  should  explore  all  these  spas. 
Hi)  thought  they  acquired,  as  the  result  of  that  exploration,  all  the  facts  as  to  the 
migration  of  the  seals—facts  never  before  known.  To  do  this  they  had  to  go  through 
a  great  deal  of  rough  work ;  the  weather  was  cold,  and  there  was  usually  fog,  except 
when  there  was  agale  ;  but  somehow  or  other  he  found  his  body  thoroughly  suited  to 
these  elements,  perhaps  more  so  than  to  the  House  of  Commons.  [Laughter.  ]  Lord 
Salisbury  had  been  good  enough  to  say  more  than  once  that  what  w.ts  done  in  the 
Biring  Sea  greatly  exceeded  his  expectations  and  those  of  Her  Maj esty's  Govern- 
ment.   [Cheers.] 

s.E..»-.»  173549 


102 


BFQING   SEA. 


The  iuvestieations  they  had  made  were  important,  but  the  friendliness  they  had 
established  with  the  Americans  and  the  Russians  had  yet  to  bear  fruit,  and  Lord 
Salisbury  was  now  very  anxious  that  he  should  go  back  at  once  to  WashinKtou,  there 
to  consort  with  officials  of  the  American  Government  nid  to  come  to  a  joint  agree-, 
ment  with  them  in  view  of  the  approaching  arbitration.  He  was  to  leave  ou  Satur 
dav  next,  but  he  hoped  to  be  back  after  two  or  three  weeks'  work  in  Washington,  ami 
to  be  able  to  report  that  the  negotiations  were  as  successful  as  the  luvestigatious. 
He  was  happv  to  say  that  both  sides  had  not  only  agreed  to  leave  the  question  to 
arbitration,  but  had  agreed  on  the  details  of  the  arbitration,  and  ho  was  conviuce.l 
that  all  right-thinking  public  men,  both  in  America  and  in  this  country,  were  de- 
lighted to  lind  that  this  serious  bone  of  contention  was  to  he  put  out  ot  sight  in  such 
a  nappy  and  peaceful  manner. 


88  tbey  had 
t,  aud  Lord 
tiKtou,  there 
joint  agrecv 
I'e  oil  Satur 
lington,  anil 
eatigatiuus. 
question  to 

18  COUviUL'Cd 

ry,  were  de- 
light iu  Huch 


